Originally Posted by quant2325
Twhat would happen if he rules in favor of PCMR? If he allows the lease renewal to come in late, would everyone else in UT have the right to do the same with their landlord? If the judge rules in favor of PCMR, how will the courts in the future differentiate between what a contract says and what is or is not an honest mistake? At what point does a contract not have to be taken literally?
The case is about a whole lot of stuff including tortious interference with a business aka alleged takeovers, anti-trust, the ending of the '3 days free at Brighton & Alta" pass deal, waiver, estoppel and of course whether the tenant, like the tax court, was led to believe the lease was extended til 2051.
Wil everyone in UT have rights to renew late? They already do if a landlord induces them to believe they have a valid lease, watches them improve the place, demands rent post-expiry, and then says 'thanks for the improvements, now get off'.
If he rules in favour of PCMR, T can't build his condos on PCMR's leased area, T won't get the extra rent from V, V will have a larger competitor (acreage wise) and PCMR might trade on rather than sell out to someone, like VR. Other resorts, like those with reciprocal pass deals, will form a block to product differentiate themselves from V. Builders won't get work building T's condos. Building supply places won't get building supply contracts. The town won't get extra taxes from T's condos. Employees at PCMR won't have to line up to reapply for work at V. Shops, cafes hotels mightn't be as affected if V can't build "Tamarck Lodge" and dining up the hill on the PCMR area with apres ski entertainment like that provided by the Heavenly Angel's disco party. Shopes etc might be relieved if V doesn't get to turn 100% of pCMR into a full service Vail resort that catches every dollar it (rightfully) does under its business model And locals won't get an Epicpass for 100% of PCMR + Canyons + the rest of the VR resorts. There'll be winners and losers in the change that'll come if PCMR loses or wins.
One issue is 2014/15. My guess is the trial is around Xmas 2014. If PCMR loses, PCMR skiers might be on a smaller acreage. Will the public take the risk and buy season passes, book holidays and book functions and events if they might be on a much smaller PCMR?