PCMR v. Talisker: filing offers glimpse at the steps of an eviction | ParkRecord.com

PCMR v. Talisker: filing offers glimpse at the steps of an eviction

by Jay Hamburger THE PARK RECORD

Talisker Land Holdings, LLC recently outlined steps that would occur if the firm proceeds with an eviction of Park City Mountain Resort from most of the land underlying the resort’s terrain.

The steps were included in a June 17 filing, two days prior to an important hearing in the case. Judge Ryan Harris at the hearing indicated he would sign a de facto eviction order against PCMR but stay its enforcement to allow the sides time to attempt to reach a resolution through mediation. Another hearing is scheduled on Aug. 27.

The filing, though, provides a glimpse of the procedure that would occur should the sides not reach an agreement and Talisker Land Holdings, LLC moves forward with an eviction.

The steps outlined in the filing include:

  • the PCMR side providing Talisker Land Holdings, LLC with an "inventory of items they believe they are entitled to remove from the property."
  • a two-day inspection of the property by Talisker Land Holdings, LLC. The inspection would start four days after the first step involving the list of items.
  • a meeting between the sides "in an attempt to narrow dispute as to what property (the PCMR side) can remove." The meeting would occur the day after the end of the two-day inspection.
  • the sides submitting filings to court centered on "remaining disputed property." The filings would be submitted two weeks after the meeting meant to address what property PCMR could remove.
  • a hearing about the eviction

    The filing attached dates to the steps, starting with what would have been a June 26 deadline for the PCMR side to list the items that it says could be removed. The filing, though, no longer reflects the actual dates of an eviction procedure since mediation was ordered.

    The filing also includes a three-step timeline — memorandum submittals from each side followed by a hearing — showing how the PCMR side would go about its motion to postpone an eviction or stay the enforcement of an eviction order.

    John Lund, the lead Talisker Land Holdings, LLC attorney, said in an interview he wants to complete the steps leading up to a hearing about an eviction before the Aug. 27 court date. He said he wants the steps to occur in an "orderly process" with the hope that the discussions result in fewer topics that need to be debated during a hearing.

    Alan Sullivan, who is the lead attorney for the PCMR side, said a list of items that PCMR intends to remove would be provided to Talisker Land Holdings, LLC should an eviction move forward. He also said Talisker Land Holdings, LLC is allowed to inspect the property at any time if the firm gives reasonable notice.

    The lawsuit centers on PCMR’s leases of Talisker Land Holdings, LLC acreage. The PCMR side claims the leases were renewed, among other points. Talisker Land Holdings, LLC argues the leases expired after PCMR failed to renew them in 2011. The judge has ruled in favor of the landowner in the most important points in the case, leading Talisker Land Holdings, LLC to move toward an eviction.

    Vail Resorts is directing the litigation for Talisker Land Holdings, LLC as part of a long-term agreement to operate the Talisker corporate family-owned Canyons Resort. The deal could be expanded to the disputed terrain at PCMR depending on the outcome of the case.

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