PCMR v. Talisker: the subpoenas have started | ParkRecord.com

PCMR v. Talisker: the subpoenas have started

by Jay Hamburger THE PARK RECORD

Attorneys for a firm under the Talisker Corporation umbrella in June issued what are believed to be the first subpoenas in the high-profile lawsuit between the firm and Park City Mountain Resort centered on a lease dispute.

Attorneys John Lund and Kara Pettit issued subpoenas on June 14 to Salt Lake Valley offices of Bank of America, Price Waterhouse, LLC and Snell & Wilmer. Price Waterhouse, LLC is an accounting firm while Snell & Wilmer is a law firm. The subpoenas were filed in Third District Court at Silver Summit.

Bank of America and Snell & Wilmer were served with the subpoenas within a little more than an hour of each other in the afternoon of June 14 while Price Waterhouse, LLC was served midday on June 17.

The subpoenas issued to Bank of America and Price Waterhouse, LLC are worded similarly. They seek documents dating from the beginning of 2005 until the present pertaining to an option PCMR had to extend its leases of Talisker Corporation land where the resort operates.

The subpoenas to those two firms seek all of the documents referencing or related to the option or the terms of the leases and a sublease. Revenue projections, valuations, appraisals and communications with the PCMR side are covered in the subpoenas as well.

The subpoenas outline two leases and a sublease, each dating to the 1970s. The case is centered on whether PCMR renewed the leases in 2011.

The subpoena issued to Snell & Wilmer seeks versions or drafts, both physical and electronic, of letters dated April 30, 2011. The subpoena describes the two letters as being from the PCMR side to United Park City Mines, which is under the Talisker Corporation umbrella. One of the letters was delivered by hand on May 2, 2011 while the other was sent on May 2, 2011 by certified mail, according to the subpoena.

The letters could be the written notice that PCMR intended to extend the leases. Earlier court documents have identified the written notice as having been dated April 30, 2011.

The information requested in each of the subpoenas was due at Lund and Pettit’s Salt Lake City law firm by July 1.

Talisker Corporation declined to comment about the subpoenas through a Vail Resorts spokesperson. Vail Resorts is handling the lawsuit as a part of a recently inked lease agreement at Canyons Resort with Talisker Corporation. The lease with Talisker Corporation could be expanded to include the PCMR terrain depending on the outcome of the lawsuit. The lead attorney for PCMR, Alan Sullivan, also declined to comment about the subpoenas.

The subpoenas were issued as the lawsuit progresses from the late-2012 dismissal of key points of the PCMR case. The parties are proceeding on the remaining points.

In April, a document was filed in Third District Court outlining a timeline for the case pointing toward the possibility of a trial in the spring of 2014. The PCMR attorney, though, recently said the timeline could be extended based on the arrival of Vail Resorts.

PCMR has said from the outset of the lawsuit that it could be forced to close if it does not prevail.

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