Judge signs de facto eviction notice against PCMR | ParkRecord.com

Judge signs de facto eviction notice against PCMR

Order of Restitution, dated July 1, 2014

The 3rd District Court judge presiding over the lawsuit between Park City Mountain Resort and its landlord, Talisker Land Holdings, LLC, signed a de facto eviction notice against the resort early Tuesday evening.

Ryan Harris put a seal on a document known as an order of restitution at 5:40 p.m. Harris had been expected to sign the document since indicating he would do so at a June 19 hearing. He ordered the sides into mediation during the hearing in an effort to resolve the dispute.

Harris stayed the enforcement of the order of restitution until at least Aug. 27. It gives PCMR 60 days after the Aug. 27 hearing to vacate the premises if an agreement is not reached during mediation and an eviction proceeds. The judge says he could change the 60-day period to vacate at the Aug. 27 hearing or keep the stay intact at that hearing.

The order of restitution gives the Summit County Sheriff’s Office or a constable the ability to enter the land "by force using the least destructive means possible to remove" PCMR from the acreage.

The judge also put a seal on an order in favor of Talisker Land Holdings, LLC indicating that he had sided with the firm in a claim against PCMR that the resort is unlawfully occupying the land. Harris previously made that ruling.

The disputed acreage underlies most of the resort’s terrain. Land just uphill from the base area, the base area itself and the parking lots are not involved in the case.

Alan Sullivan, PCMR’s lead attorney, said in a statement the sides continue to attempt to reach an agreement.

"The stay should help ensure minimal disruption to the Park City community while the parties try to resolve the case and surrounding issues so that the 2014-2015 season will proceed business as usual," Sullivan said. "PCMR has been trying to resolve this dispute for over two years and PCMR remains committed to finding a resolution that works for both parties and the community. PCMR supports the Court’s order to mediate, and hopes Vail will now come to the table with a concrete offer so that this dispute can move towards a prompt resolution."

Editor’s note: This article was updated on July 3, 2014, to include Alan Sullivan’s statement.

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