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Saturday, July 09, 2011
Ind. Courts - "Paoli Peaks sues landowner's heirs over trees: Ski resort says dispute actually is about rent"
Bruce C. Smith reports today in the Indianapolis Star - Here are some quotes:
The trees on the hills of popular winter resort Paoli Peaks may be in danger.The story today continues:Owners of land leased for part of the Southern Indiana ski slopes are threatening to harvest the trees in a rent dispute with the owners of Paoli Peaks.
The dispute came to light this week in a federal lawsuit filed by the owners of the resort, who claim the ski business would be severely damaged by the loss of the trees, which block the wind, help to protect the artificially created snow and increase the beauty of the rolling Orange County hills.
However, the operators of the ski business said the trees aren't really the point of the threat. The owners of land used for part of the ski resort want to raise the rent that was established by a lease signed more than 30 years ago, according to the resort operators.
"This isn't really about the trees, because they're not going to be worth that much," said Timothy D. Boyd, president of Peak Resorts, which owns Paoli Peaks.
Heirs of the late property owner Charles M. Weeks "have been after us for a long time to renegotiate the 100-year deal he signed," Boyd said.
According to the lease, the ski business is to pay rent of at least $10,000 a year or 1.5 percent of the operating revenues from the business.
It was a rate set at a time when winter skiing in Indiana was a new idea greeted with skepticism because natural snowfall is light and erratic. Since then, skiing in Indiana has become popular, and Paoli Peaks had nearly 100,000 paying visitors last season.
"They think now that it is a bad deal and they want someone to make it right. So, they've been running a guerrilla action against us," Boyd claimed.
ILB: Here is a copy of the complaint, including the lease and other exhibits.The latest incident began June 29 when, Paoli Peaks general manager Matthew Greiner said, members of the Weeks family came to the resort and called him on the phone to say the ski company equipment should be moved for the logging operation.
The lease says Paoli Peaks may remove trees in developing the slopes, then the cut timber belongs to Weeks. It does not say the landowner can cut trees or make other changes to the property.
Federal Judge Richard Young set a hearing for Aug. 31 on Paoli Peaks' request for an injunction to prevent harvesting the trees, giving the sides time to work out a compromise. Meanwhile, the trees are to remain uncut.
Posted by Marcia Oddi on July 9, 2011 11:45 AM
Posted to Indiana Courts