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If Park City Loses Lawsuit With Vail It Will Dismantle & Remove Lifts

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Park City Mountain ResortImage of Park City Mountain Resort From Wikimedia Commons.

Just when you thought the lawsuit between Park City and Vail could not get any more dramatic PCMR states that if they lose the lawsuit they will dismantle and remove chairlifts.  

Jenni Smith, the president and general manager of PCMR, indicated in court last week that the resort intends to dismantle and remove most of the ski lifts if it is forced off the land by, Talisker Land Holdings, LLC.

“The eviction notice served to PCMR maintains that structures and improvements “that are affixed” to the property, will belong to Talisker Land Holdings, LLC if it is successful in the case. However, PCMR is of the believe that the chairlifts, though bolted to concrete footings, are not “affixed” to the land.

The removal of the chairlifts would include the towers, chairs, cables, the grips attached to the chairs, the bullwheels that move the cables and counterweights. “If we are forced to vacate the property, we will take our property with us,” Alan Sullivan, PCMR’s lead attorney, said in an interview.

The resort’s memorandum points to past cases outside of Utah addressing airplane hangars and silos as precedents in defining what is affixed to a property. Hangars and silos were not found to be fixtures in those cases, the PCMR side says. It says previous cases, also outside of Utah, are “split on whether ski lifts are fixtures” and the outcomes depended on the details of those cases.

“PCMR does not have the legal right to remove all the chairlifts from the mountain, but their threats are disturbing and not constructive and designed only to further delay a realistic resolution of this matter,” said John Lund, the lead attorney for Talisker Land Holdings, LLC.

Related:

Vail Resorts Makes Buyout Offer To Park City In A Surprise Move

Is Vail About To Take Over Park City Mountain Resort?

Eviction Notice Issued To Park City Resort 

 

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30 comments
  • Anonymous

    lol a ski lift can be un-”affixed” by unbolting it from the concrete footings, i would say the concrete footings themselves, are “affixed”. a tunnel bored through the mtn (like snowbirds access tunnel to mineral basin) would probably be considered “affixed”. but hey if you bought the lift, its your property. take it to wherever you want, even your garage for storage if you like :). leave the footings i guess.

  • Brien

    Attorney John Lund should take a look at the Tamarack ski resort in Idaho cases where the lifts were removed because they were not considered affixed to the property

  • Tahole

    All new magic carpets with the cool wind tunnels will be installed in place of the old, cold chair lifts.

  • mike

    The real story you should be following is how RCMR tried to buy snowbird . . . then vail out bid them . . . Big news next fall.

  • Rustler

    While Park City’s lift system/placement sucks the pipe, Talisker continues to appear the biggest arse in this matter. Vail and company need to get the hell out of Utah!

  • Powderpigg

    The lifts were depreciated as fixed assets for tax purposes. They will not have the legal right to remove the lifts if they lose the lease battle in court. This is just more “nuclear option” posturing. Settlement is nigh.

    • Monkey1

      Just because an asset was depreciated does not mean you don’t still own it.

      I was pretty supportive of PCMR in the beginning, but it’s looking more and more like this is the John Cummings show. This guy clearly does not give a shit about the hundreds of people who work for him as he positions himself to have the vast majority of them lose their jobs. Not to mention the overall impact on Park City as a whole if it is to lose this resort.

      Look, PCMR had one asset with real value, and that was a renewal option at a ridiculous rate. The extension of the lease should have been hand-delivered by Cummings weeks if not months in advance of the renewal date. Management clearly screwed up royally. Is Vail worse than John Cummings? It sure doesn’t seem like it. At least the Epic pass puts competitive prices on season passes in overpriced Utah.

      • Anonymous

        nobody in utah wants more peeps in utah and definitly not the VAIL community riders. i dont think anyone at pcmr feels disappointed at John Cummings decision. you just made a comment about those people without even knowing them. its a pretty local place, and if you dont like the price, ride somehwere else!

      • Brian

        PCMR a local place?! I call PCMR my home mountain, but the last thing it is, is a locals place. PC as a whole is as touristy as you can get, to be honest.

        still a killer ski town though.

      • Powderpigg

        If the asset is fixed then it belongs to the landlord (Talisker) when / if PCMR is evicted from the land. PCMR is making the argument that embedded towers may be fixed assets but bolted-down towers are not fixed and may be removed. If the lifts were depreciated as fixed assets then a judge may decide they cannot be removed.

  • Gary Rogers

    Regardless of the outcome. You snooze you lose. Pwdr Corp. should have been on their toes. I’ve worked for Vail Resort for several years and they treat me like family. VR has made all of their resort first class with proper entertainment. If anyone is complaining about this transaction then they haven’t seen the lame line ups at Powdr Corp Closing Days. This is a good thing and the employees will get better benefits rather than having to work for three years to get health insurance. Besides, who gives two ***** about the lifts. VR will put gondolas in their place if need be. VR has acts like Blues Travelers, STS9 and Yonder Mountain String Band to close out their season in Colorado alone…I think that’s called smart business.

    • Bill McGovern

      Well there Gary, skiing should be about much more (or less) than gondolas and acts like former fat ass John Poppers Blues Travelers. It should be about ski culture and preserving it. Vail is a real estate company. You are entitled to an opinion, but it is obvious you are a pounder. Vail Resorts eats shit and sucks the soul of skiing. You must be tight butthole and have a hard on for Vail, don’t worry you’re not alone. Good luck with your “smart business” thinking.
      namaste ya bunghole

  • skiordie

    @Gary….because ever skier wants/needs high speed gondolas, main stream bands, and over priced tickets…

    Small resorts rule forever.

    • Michele

      The daily lift ticket prices are comparable but the season’s pass for the Park City resort alone is more expensive than the pass that covers all of Vail resorts in the US and in the world ( Japan, switzerland, Austria) . I think the epic pass is the best deal in the ski world.

      • fasdjkfsdajkf

        Of course its a good deal for now. But when they own all the ski resorts they can make the prices as high as they want. They are destroying the ski industry. Now other resorts have to raise their prices just to keep up in business because of vails takeover.

  • K.Kay

    While Vail is most definitely super corporate, I love working for them. I can travel the world with my pass and enjoy great time on every mountain they own. I understand that they are creating a bit of a monopoly but saying stuff like we don’t want high speed chairs? Come on no wants wants to spend an extra 5/6 minutes just sitting on a chair.

  • EchoTony

    While I’m sure Vail Resorts will make the skiing experience better, they will rape the countryside and crap out another cookie cutter village that looks like the last 6 they built.
    There’s good and bad with these big companies taking over. Most regulars will enjoy the new lifts, better lodges, and better food. But once they notice their lunch went from $10 to $20, it might not seem so great.
    When the regulars can’t get a room to stay because all the cheap beds are gone, those on mountain improvements might not seem so enjoyable.

    • Echoiswrong

      Are you insane? Vail is responsible for season passes dropping all over Utah this year after they published their EPIC Pass prices and added Canyons to the list. Rape the coutryside? I don’t think so. Vail is responsible for donating corporate dollars to keep acreage from being developed in PC. If you have another agenda, why don’t you just say so?

  • Pingback: Breaking News: Court Rules in Favor of Talisker and Vail Resorts Over Park City Mountain Resort

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