Vail Resorts, Inc., in a court filing in Denver on Tuesday, indicated it is not seeking control of The Canyons in its long-running dispute with Talisker Corp., a decision that essentially leaves Talisker as the owner of the largest mountain resort in Utah.
The decision puts Talisker in an extraordinary position as having ownership or interest in a vast swath of terrain stretching from The Canyons to the banks of the Jordanelle Reservoir.
The motion Vail filed Tuesday in Denver District Court would also dismiss American Skiing Co., the former owner of The Canyons, from the lawsuit. ASC surprised the resort industry two years ago when it announced it was selling The Canyons to Talisker Corp. But Vail executives had claimed they had negotiated with American Skiing Co. to buy the ski area before Talisker reached a deal.
Talisker closed the sale in June 2008.
"Vail agrees that it will not seek, in this or any action, any form of relief that will have the effect of invalidating, reversing, modifying, altering or otherwise affecting the Canyons transaction or any of its terms, including, without limitation, injunctive relief or a constructive trust," the four-page motion filed Tuesday states.
Vail, however, indicated in the filing that it will continue to reserve the right to seek monetary damages from the defendants, which may now include Talisker Corp. and Peninsula Advisors, LLC.