Killington pass holders continue to battle
Toolbox
By Bruce Edwards STAFF WRITER - Published: November 8, 2009
A two-year-old lawsuit that claims Killington Resort wrongfully cancelled lifetime season passes continues to wind its way slowly through U.S. District Court in Burlington.
The lawsuit filed by several pass holders was certified earlier this year as a class action by Judge William Sessions.
Since then lawyers for the plaintiffs and former and current owners of the ski resort have filed a series of motions, the latest being one filed by the ski resort defendants for summary judgment. At the same time, the defendants also asked the court to seal the motion for summary judgment – shielding it from public view.
In seeking to seal their motions for summary judgment, lawyers for the current and former owners – Killington/Pico Ski Resort Partners, SP Land Co., SP II Resort, Killington Ltd,, S-K-I Ltd., and American Skiing Co. – cited a previous court order that kept certain documents and deposition testimony of both sides confidential. The defendants' lawyers argued the same information already subject to the court's protective order is also contained in the motion for summary judgment.
Lawyers for the pass holders objected to keeping the summary judgment motion under seal. While both sides have previously agreed that nearly all discovery material should be deemed confidential, "the wholesale sealing of summary judgment filings" is no longer appropriate given the passage of time, Mitchell Pearl wrote in his objecting motion on behalf of the pass holders.
The ski resort defendants also filed a motion to separate the liability and damages phases of the trial. They argued that the "evidence concerning liability and damages is significantly different" and that splitting the phases "will prevent juror confusion and substantial prejudice to defendants." The also argued that its would speed up the trial process and could hasten resolution of the case.
Again, the plaintiffs objected saying splitting the liability and damage award phases of the trial would be inappropriate given the type of case.
Following the purchase of Killington Resort in May 2007, owners SP Land Company and Powdr Corp. cancelled what it considered investor season passes. The companies operate the resort under Killington/Pico Ski Resort Partners. (Powdr Corp. is not named in the lawsuit).
The passes were issued during the early years of Killington as an inducement to invest in the fledgling ski area. The new owners cancelled the passes explaining that they purchased the assets of the ski resort and not the company, which ceased to exist following the May 2007 purchase. Therefore, the owners said the investor passes were no longer valid and would expire following the 2009 ski season.
That action prompted pass holders Martin Post, Jill Post, Judith Dark and William Langlais to sue the former and current owners of Killington Resort.
According to court documents, the class action includes 1,243 investor pass holders, which were issued between 1958 and 1965. Over the years, some passes have been sold and then resold.
The plaintiffs are represented by the Middlebury law firm of Langrock Sperry & Wool.
The defendants are represented by Loewinsohn Flegle Deary, Dallas; Gravel & Shea, Burlington; Primmer Piper Eggleston & Crammer, Burlington; Dinse, Knapp & McAndrew, Burlington.
bruce.edwards@rutlandherald.com
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