PCMR files recast lawsuit against Talisker under seal
Ryan Summerlin September 25, 2013
Park City Mountain Resort filed a recast lawsuit in 3rd District Court at Silver Summit on Wednesday in its case against Talisker Land Holdings, LLC, submitting the document under seal, in what is another twist to the closely watched dispute.
A court clerk Wednesday afternoon said they were unable to release the identities of the plaintiffs or the defendants in the case since it was filed under seal.
The judge in the case, Ryan Harris, last week ruled that PCMR could expand the lawsuit to include a claim that the resort was denied the right of first refusal on the Talisker land underlying much of the PCMR terrain.
Harris last week also allowed PCMR to add a point claiming that there might have been a violation of the lease agreements between the Talisker side, which is the landowner, and PCMR when Talisker reached a deal with Vail Resorts to operate Canyons Resort. The Talisker-Vail Resorts agreement could be expanded to include the Talisker land underlying much of PCMR depending on the outcome of the lawsuit.
Alan Sullivan, who is PCMR’s lead attorney, said in an interview last week the recast lawsuit would also request an injunction prohibiting further transactions involving the land where PCMR operates. He said in the interview PCMR would likely add a party tied to Vail Resorts as a defendant as well as a firm known as Flera, LLC, which controls the development rights at Canyons Resort.
Talisker Land Holdings, LLC claims PCMR did not properly renew the lease of much of the resort’s terrain, prompting the PCMR lawsuit.
Representatives from both sides did not immediately return phone messages seeking comment Wednesday afternoon.