Court denies Vail's bid to block Canyons sale

A district court in Denver has handed down a ruling denying Vail Resorts Inc. its preliminary injunction to block the sale of The Canyons Resort in Utah from American Skiing Corporation to Talisker Corporation.

A DISTRICT COURT in Denver has handed down a ruling denying Vail Resorts Inc. its preliminary injunction to block the sale of The Canyons Resort in Utah from American Skiing Corporation to Talisker Corporation.
    In issuing its ruling, the City and County of Denver District Court made clear that it would be detrimental to the public interest to allow an injunction in favor of Vail, and essentially scolded Vail officials in its ruling.
    “This case fundamentally concerns a free market competition between businesses for an economically promising opportunity. Talisker prevailed, not as a result of any wrongdoings alleged by Vail, in that competition by offering what ASC considered to be a superior deal. Vail should not be permitted to undermine Talisker’s legitimate competitive success simply to resurrect its own unsuccessful efforts to obtain a deal with ASC.”
    In addressing the two particular claims alleged against Talisker during the Oct. 11 hearing on Vail’s request for a preliminary injunction, the Court ruled it would be pure speculation as to whether Vail had a reasonable chance of success on its first claim, and then declared the evidence simply does not support Vail’s second claim.
    Having dispensed with Vail’s alleged claims, the Court went on to articulate further any independent reasons to deny Vail’s petition, stating that Vail’s alleged injuries are too speculative, that Vail cannot show a danger of real, immediate and irreparable harm, and that for other reasons Vail’s motion for a preliminary injunction must be denied.
    “We are pleased with this ruling in favor of both Talisker and ASC," said Talisker CEO Jack Bistricer. "Since 2000, Talisker has been developing and operating resort communities in the Park City and Deer Valley areas and this important ruling will allow us to move forward and complete our acquisition of The Canyons.”