Talisker files counterclaim against PCMR, seeks resort’s profits
October 29, 2013
Talisker Land Holdings, LLC filed a counterclaim against Park City Mountain Resort on Monday, demanding it be awarded the profits earned by PCMR during the past two ski seasons as damages if it prevails in the case.
An attorney representing Talisker Land Holdings, LLC said on Monday the amount that will be sought in damages is not yet known. John Lund, the attorney, said damages would be calculated based on the profits at PCMR since April 30, 2011, the date that Talisker Land Holdings, LLC claims that PCMR’s two leases expired. The leased land encompasses most of the resort’s terrain.
Talisker Land Holdings, LLC had previously indicated it wanted to collect back rent from the PCMR side. It asserts unlawful detainer and unjust enrichment as two more counterclaims against the PCMR side.
The firm also seeks the ousting of PCMR from the leased property, exclusive possession of the property, rent, compensation if there is damage to buildings, facilities or improvements, the profits earned "from the wrongful use of Talisker’s property," attorney fees and costs.
Talisker Land Holdings, LLC in the filing also disputes the points in PCMR’s recast lawsuit, which had been expected. Judge Ryan Harris, the 3rd District Court judge presiding over the case at Silver Summit, previously allowed the PCMR side to expand the lawsuit.
Sections of the Monday filing are based on a 2011 letter PCMR believed to be written confirmation that the leases were extended. The letter, though, was backdated, the Talisker Land Holdings, LLC side discovered.
"These counterclaims seek to recapture all of the profits gained by PCMR from wrongly staying on Talisker’s land after its fraudulent use of this backdated letter," the firm said in a prepared statement on Monday.
The prepared statement highlights the letter, saying that it was used by PCMR’s parent company in talks about a bank loan. That loan was secured on May 27, 2011, the statement says. The Talisker Land Holdings, LLC side "believes the backdated letter played an important role in portraying the lease as having been properly renewed."
"Talisker believes these facts show a pattern by PCMR in using this false backdated letter for multiple purposes and call into question how candid and forthcoming PCMR’s witnesses have been," the statement also says, adding that Talisker Land Holdings, LLC "will continue to thoroughly investigate the facts regarding PCMR’s falsely dated letter."
PCMR filed the lawsuit in March of 2012, saying that the future of the resort depended on the outcome. Talisker Land Holdings, LLC won the dismissal of portions of the case while PCMR later won the right to expand the lawsuit with new points and more defendants.
Vail Resorts is overseeing the lawsuit on behalf of Talisker Land Holdings, LLC as a part of its long-term agreement to operate Canyons Resort. The agreement could be widened to include the PCMR terrain depending on the outcome of the lawsuit.
The lead attorney for the PCMR side, Alan Sullivan, said in an interview there is "nothing new or remarkable" in the filing. He had anticipated the unlawful detainer point but not the one claiming unjust enrichment. Sullivan said the PCMR side will file a reply by the middle of November.