WHEELER TRIGG KENNEDY HELPS SILVERTON MOUNTAIN SKI AREA PREVAIL IN PROPERTY RIGHTS, TRESPASSING SUIT IN ORDER TO REMAIN OPEN

Contact: Connie Proulx, WTK, Director of Marketing, 303-244-1919, proulx@wtklaw.com

FOR IMMEDIATE RELEASE

WHEELER TRIGG KENNEDY HELPS SILVERTON MOUNTAIN SKI AREA PREVAIL IN PROPERTY RIGHTS, TRESPASSING SUIT IN ORDER TO REMAIN OPEN

DENVER, CO, APRIL 17, 2006…The trial law firm of Wheeler Trigg Kennedy (www.wtklaw.com) recently defended its client, Silverton Mountain Ski Area (Core Mountain Enterprises) of Silverton, Colorado, in a lawsuit and dispute over BLM Land which could have closed the fast-growing, four-year old ski area. This was a case that is typical of many of the land use issues facing the West and the state of Colorado in particular. The contentious case, San Juan County Case #: 2004CV11, was a property rights and trespassing case dispute among neighbors, in which the Plaintiff, Jim Jackson of Silverton Land and Cattle Co., claimed that the ski area was violating his mining-claim property rights by allowing it’s skiers to trespass on his property. Jackson also filed a claim of trespassing against the ski area regarding avalanche control efforts that took place on his property.

Mr. Jackson had competitively sought the BLM lease to open a ski area on the same land and had lost his bid to the Defendants, Aaron and Jenny Brill. The Brills, the operators of Silverton Mountain Ski area, claimed that trespassing by skiers did not take place, and that the avalanche control benefited country roads and opened year-round recreational opportunities to area residents and visitors, in addition to keeping the ski area safe.

Judge Gregory Lyman upheld the county and ski area’s rights to conduct avalanche control. While the Court issued a detailed opinion acknowledging that trespasses had occurred, but denying injunction, it concluded that prior trespasses had not caused Plaintiff any damage. The Court awarded $1 in damages, and affirmed the ski area’s right to continue operations. Critical to the case was the subject of eminent domain. The county is now seeking to purchase Mr. Jackson’s mining-claims in order to conduct avalanche control for the benefit of the community.

WTK Managing Partner, Hugh Gottschalk, who led the case, stated, “The ever-increasing popularity of Silverton Mountain Ski Area is seen as a growing asset that has boosted economic development in Silverton and the region. Recreational activities including snowshoeing, snowmobiling and hunting have all benefited from the ski area’s success as well as from avalanche control efforts. We are pleased to have worked to keep it open.”

About WTK:
Wheeler Trigg Kennedy LLP is an entrepreneurial law firm that has dedicated itself to litigation for Fortune 500 clients and other successful entities that have a strong interest in protecting their brand names, products, people and customers. WTK handles complex litigation matters, including appellate, trial, and related areas of civil litigation, on a local, regional and national scale for many of the nation's best-known companies. Most of its work takes place in federal and state courtrooms and administrative venues outside its base of Denver, Colorado. WTK has served as lead trial counsel in all 50 States and has tried cases to verdict in 35 states. The attorneys of WTK have appeared before the U.S. Supreme Court, 11 of the 13 U.S. Circuit Courts of Appeals, 65 of the 94 U.S. District Courts and many federal regulatory agencies.
For more information, visit the WTK website at www.wtklaw.com.
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