PCMR v. Talisker: important procedural timeline starts this week
July 8, 2014
The 3rd District Court judge presiding over the lawsuit between Park City Mountain Resort and its landlord, Talisker Land Holdings, LLC, in June ordered the two sides into mediation in an effort to reach an agreement.
But even as the mediation window is open, the two sides will be preparing to continue the case itself if the discussions do not end with a deal.
Talisker Land Holdings, LLC attorneys recently submitted a two-page timeline to the court describing a series of steps — hearings, filings and other actions — that are scheduled before the mediation window closes on Aug. 15 or would be taken afterward if necessary. The PCMR side agreed to the timeline. Some of the steps are in anticipation of an important hearing scheduled on Aug. 27.
The timeline provides a preview of what the sides expect to occur if mediation is not successful and the lawsuit progresses. The first entry in the timeline is Wednesday while the last one is Nov. 24.
A section of the timeline addresses the process that will occur as it is determined which items PCMR is allowed to remove from the property if the judge allows Talisker Land Holdings, LLC to evict the resort from the disputed acreage. Judge Ryan Harris recently signed an eviction order but stayed its enforcement to allow the sides the time to mediate.
The filing indicates the PCMR side by Wednesday must catalog the items that it argues may be removed from the acreage under an eviction. PCMR has previously indicated it intends to dismantle and remove some of the lifts if it is evicted. The other side has contended the resort is not allowed to do so.
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A Talisker Land Holdings, LLC inspection of the land is scheduled over the course of two days sometime during the week of July 14. Aug. 1, the two sides will meet "in an attempt to narrow dispute as to what property" the PCMR side may remove. The sides would simultaneously submit briefings centered on any disputed property on Aug. 15.
The filing, signed by the judge on July 1, covers a range of procedures and assigns dates to steps within those procedures. It addresses the PCMR side’s attempt to further postpone or stay the enforcement of an eviction order, the bond that PCMR would be required to post if the eviction order is further stayed and gathering expert opinions through the discovery process of a lawsuit.
Harris on July 1 signed a de facto eviction order against PCMR but stayed its enforcement until at least Aug. 27.
Some of the highlights of the timeline include:
The PCMR side continues to press a point in the lawsuit that Talisker Land Holdings, LLC could have informed the resort earlier than it actually did that it believed the leases expired. PCMR says it spent millions of dollars on improvements with the understanding that the leases had not expired. It is seeking monetary damages on that point.
Talisker Land Holdings, LLC, meanwhile, is seeking monetary damages from PCMR after winning a ruling that the resort unlawfully occupied the disputed terrain after the expiration of the leases. The damages would have accrued over the course of the past three ski seasons.
The timeline is revised from an earlier filing addressing many of the same steps. That filing was submitted prior to the mediation being ordered and attached earlier dates to the steps.
The case centers on PCMR’s lease of Talisker Land Holdings, LLC acreage underlying most of the resort’s terrain. The PCMR side brought the lawsuit, claiming the lease was renewed, among other points, and the other side later filed a countersuit. There appear to be increasing concerns in Park City about the prospects of PCMR not operating during the upcoming ski season as it traditionally has as a result of the case.