Park City Municipal supports Deer Valley’s bid to dismiss lawsuit challenging Snow Park Village project

PARK CITY, Utah — A motion to dismiss has been filed against a lawsuit initiated by the American Flag Homeowners Association and other neighboring homeowner associations (HOAs) regarding the Snow Park Village expansion at Deer Valley Resort. The lawsuit challenges Park City Municipal’s decision to vacate public right-of-way for the development, and Deer Valley Resort and Park City Municipal are aligning in legal defense.

The conflict originated in January when five HOAs brought legal action against Park City Municipal over the city council’s December 14 decision to vacate a section of Deer Valley Drive near the base area of the resort, facilitating the Snow Park Village development. Deer Valley sought intervention in the lawsuit in early March and, by March 29, submitted a comprehensive motion seeking dismissal of the case.

The crux of Deer Valley’s argument rests on the assertion that the HOAs lack legal standing to contest the city council’s decision, primarily because they do not own property directly adjoining the vacated land. Moreover, Deer Valley’s legal team contends that the court lacks jurisdiction over the matter due to the HOAs’ failure to appeal the decision within the stipulated timeframe. According to Park City’s code, land use decisions must be appealed within ten calendar days following the final action.

Adding to Deer Valley’s stance, Park City Municipal has concurred with the motion to dismiss, indicating a unified front against the lawsuit filed on Friday afternoon, March 29.

Deer Valley Resort intends to proceed with the development of Snow Park Village despite the hurdles presented by the legal challenge from the local HOAs.

The case is presided over by Judge Richard Mrazik in the Third Judicial District Court, Summit County, Utah.

Key Points

  • The motion relies on Utah Rules of Civil Procedure 12(b)(1) and 12(b)(6), arguing for dismissal due to lack of jurisdiction and failure to state a claim.
  • Deer Valley Development Company (DVDC) outlines its ownership of the Deer Valley Resort and its plan to expand and redevelop part of the resort, mentioning the submission of a petition to vacate a portion of Deer Valley Drive, a public roadway, to facilitate realignment.
  • The City Council of Park City approved the partial road vacation, documented in Park City Ordinance No. 2023-56, which the petitioners challenge.
  • DVDC argues for dismissal based on three grounds: lack of standing by the petitioners, failure to assert a violation of due process rights, and failure to exhaust administrative remedies regarding the City Council’s decision on the road vacation.

A written response must be submitted within 14 days of the motion being filed.

Map showing the location of the street vacation in relation the HOAs that filed suit.
Map showing the location of the street vacation in relation the HOAs that filed suit. Image: Third Judicial District Court, Summit County, Utah

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