PCMR takes first step toward an appeal to Utah Supreme Court
July 10, 2014
Park City Mountain Resort on Thursday took the first step toward appealing a district court judge’s rulings in a lawsuit against its landlord to the Utah Supreme Court.
PCMR attorneys filed a notice of appeal in 3rd District Court indicating they want to bring the case to the state’s highest court.
The notice identifies a July 1 order issued by Judge Ryan Harris in favor of the landlord, Talisker Land Holdings, LLC, regarding a claim that the resort is unlawfully occupying the land. It also identifies an order of restitution entered by the judge on July 1. The order of restitution is a de facto eviction notice. The appeal would also incorporate "all subsidiary rulings and orders leading to these orders," according to the filing.
The PCMR side had long indicated it intended to appeal the rulings had they been in favor of Talisker Land Holdings, LLC.
"Today PCMR filed a notice of appeal to the Utah Supreme Court as a precautionary measure taken to protect PCMR’s appellate rights. This action is not intended to delay proceedings before the Third District Court and will not interfere with implementation of the Court’s order to mediate, which PCMR supports," PCMR’s lead attorney, Alan Sullivan, said in a prepared statement. "PCMR has been trying to resolve this dispute for over two years and is committed to finding a resolution that works for both parties and the community."
Talisker Land Holdings, LLC did not immediately release a statement in response to the filing.
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The case centers on PCMR’s lease of Talisker Land Holdings, LLC acreage underlying most of the resort’s terrain. The PCMR side brought the lawsuit, arguing the leases were extended, among other points. The case now involves a countersuit claiming the resort unlawfully occupied the land past the expiration of the leases.
The judge has largely sided with Talisker Land Holdings, LLC, including a series of critical rulings that could result in the landlord evicting PCMR. Harris stayed the eviction notice and ordered the sides into meditation in an attempt to reach an agreement.