The dispute began one year after PCMR did not pay on time for its lease of land, even though the payment was technically only a few days late.
PCMR owns the lower areas of the resort, the majority of the runs and other terrain are part of the leased land.
The judge also ruled a stay of his order until an August 27 hearing, which will argue whether the stay will continue. He also ordered both parties into mediation before August 27.
Talisker/Vail's argument in Thursday's hearing was for an order of restitution and damages for 'unlawful detainer.' However, Talisker/Vail refused to state the amount it is claiming for restitution.
Talisker/Vail also wants to prevent PCMR from removing lifts, snowmaking and other property from the land in other words, Vail wants to acquire PCMR for itself, in a state that's ready to open for the season, under Vail's ownership.
However, PCMR owns all the land, lifts and parking areas at the base area. Thus, Vail will have no way to convey customers to its terrain.
The timing of the next hearing, at the end of August, will prevent new construction on the mountain, thus most probably preventing PCMR from being able to shorten the lifts which access the terrain it still owns, as well as probably preventing Vail from being able to construct any new lifts or other required work.
The first storms arrive and snowmaking usually begins in October, for a November opening date. Unless the parties can come to a mutual agreement, it is unlikely that PCMR will be able to open for business this upcoming season.
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