Vail Resorts is seeking the dismissal of a lawsuit that threatens to close two Park City Mountain ski lifts, with the company describing a Provo-based nonprofit’s claims as “unsupportable” and “without any reasonable reason.”

The ski resort filed its motion to dismiss against UI Charitable Advisors last week. The nonprofit, which describes itself online as a “philanthropic advisory firm,” sued Vail Resorts in February. The complaint centered on one parcel of land in The Colony at White Pine Canyon, a 4,600-acre residential community with direct ski-in access, near the Canyons Village side of the ski resort.

The nonprofit said it purchased the parcel, which houses portions of the Timberline and Iron Mountain Express ski lifts, in December 2024. UI Charitable Advisors in its lawsuit alleged Vail Resorts does not have permission to operate the two lifts on its property because easement rights were never legally transferred to the ski resort when it acquired Park City Mountain.

However, Vail Resorts said UI Charitable Advisors made an “unsupportable claim that a ski resort that has been operating … for nearly two decades, and for many years before Parcel B even existed as a legal parcel, suddenly has no right to do so.”

The company also said the two ski lifts and their nearby ski runs were “critical to the functioning of a ski area that benefits the entire surrounding community.”

Vail Resorts pointed to an easement agreement filed with the Summit County Recorder in June 2003, which gave the resort the right to operate lifts and runs on the property. The easement covered most of the parcel in question, according to court documents.

The motion to dismiss said the transfer of property to UI Charitable Advisors in 2024 did not rid the parcel of the 2003 easement agreement and that the nonprofit had been aware of the ski resort’s operations when it accepted the title.

Vail Resorts said UI Charitable Advisors’ claims to the parcel were “predicated upon an erroneous legal argument” that the easement had been modified by a new map in 2010. But the motion to dismiss said the easement is “repeatedly” depicted on the map and that an easement still cannot be modified without a written agreement.

“The harm that (Vail Resorts) would suffer far outweighs the alleged harm to (UI Charitable Advisors),” the motion said. “The harm suffered by (Vail Resorts) would be severe, affecting not only the resort, but its employees, its guests and the surrounding community. When properly weighed, the harm far outweighs (UI Charitable Advisors’) unsupported allegations of injury.”

The motion additionally said the damage to Vail Resorts would be “immediate” without the possibility of “later remediation” because of how dramatically closing the two lifts would affect its operations.

“The resort employs a substantial seasonal workforce, including lift operators, ski patrollers, instructors, hospitality staff and maintenance personnel,” the motion said. “The Colony HOA and its members would be directly impacted as their ability to use the ski runs within the HOA would be curtailed if not terminated, and the loss of an operating ski resort within the HOA community would directly impact the owners’ property values.”

The document also mentioned the effect on local businesses, including restaurants, hotels and transportation providers.

“The potential disruption to the regional economy and the public’s reliance on winter recreation weighs strongly against the issuance of an injunction,” the motion said.

Vail Resorts concluded by requesting Summit County Third District Judge Richard Mrazik dismiss UI Charitable Advisors’ lawsuit in addition to awarding attorney’s fees and costs.

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A property rights dispute between Vail Resorts and a nonprofit organization in Provo could lead to the closure of two Park City Mountain ski lifts.

UI Charitable Advisors, which describes itself online as a “philanthropic advisory firm,” filed a lawsuit in Summit County’s Third District Court in early February. The complaint centers on one parcel of land in The Colony at White Pine Canyon, a 4,600-acre residential community with direct ski-in access, near the Canyons Village side of the ski resort.

The nonprofit said it purchased the parcel, which houses portions of the Timberline and Iron Mountain Express ski lifts, in December 2024. The resort was initially granted easement rights on the parcel in 2003, but a later agreement reportedly “redefined and limited those rights to exclude ski lift operations.”

The lawsuit said UI Charitable Advisors attempted to resolve the issue with Vail Resorts privately, but the company claimed it had the right to operate on the land.

“We are confident in our longstanding and long-term easement rights underlying our ski operations throughout The Colony, including on the parcel in question in this recent filing,” said Deirdre Walsh, vice president and chief operating officer of Park City Mountain.

The complaint also stated that a previous agreement allowed ski runs to be installed on the property, but those easement rights were never legally transferred to Vail Resorts when it acquired Park City Mountain. As a result, the company has allegedly been operating both ski runs and ski lifts on UI Charitable Advisors’ land without permission.

“Despite having no right to do so, (Park City Mountain) continues to operate the Timberline and Iron Mountain Express ski lifts, maintain infrastructure, facilitate public use for skiing and assert unauthorized control over ski runs, trails and roads,” the lawsuit said. “Defendants’ conduct exceeds the scope of any easement, constitutes ongoing trespass and unjustly enriches them by enhancing resort connectivity, increasing revenues and reaping operational benefits — all at UI’s expense and without compensation.”

UI Charitable Advisors in the lawsuit said Vail Resorts’ actions are comparable to trespassing violations.

Specifically, Vail Resorts operates the Cascade ski run on the outskirts of the parcel in question, and employees often use a road on the property that runs alongside the ski run “without any legal authorization to do so,” the complaint said.

“Each such unauthorized entry is a separate act of trespass, causing ongoing harm to UI, including but not limited to diminished property value, interference with potential development or conservation efforts and the imposition of unwanted liability and maintenance burdens,” the lawsuit said.

The complaint additionally decried the “substantial economic benefits” Vail Resorts has enjoyed through its use of UI Charitable Advisors’ property, “including enhanced connectivity and appeal of the Park City resort, increased ticket sales, higher real estate values in adjacent areas and overall operational efficiencies.”

The lawsuit claimed those economic benefits have come at the expense of UI Charitable Advisors, which has not received any compensation for the use of its property. It further alleged it would be “inequitable” for Vail Resorts to continue benefitting from the land, “as such retention constitutes unjust enrichment.”

“UI has received no value or consideration for these benefits, and Defendants’ actions have directly impoverished UI by depriving it of control over its own property and the potential economic opportunities therein,” the court document said.

UI Charitable Advisors requested Summit County Third District Judge Richard Mrazik declare Vail Resorts is limited to skiing and snowboarding easements on the land, but that “no right, title or interest” exists regarding the company’s ability to build or operate ski lifts.

The nonprofit also asked for a ruling regarding the location of the Cascade ski run and whether it infringes on the property because Vail Resorts did not obtain the required easement rights.

The lawsuit concluded by demanding a permanent injunction to prevent Vail Resorts and its customers from recreating on the parcel, which would effectively shut down operations of the Timberline and Iron Mountain Express lifts, as well as compensatory damages to be determined during a future jury trial.

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