In December 2023, the Park City Council unanimously approved the ski resort’s request to vacate the public right-of-way on a portion of Deer Valley Drive adjacent to the Snow Park base. The resort plans to use its private land to build a new village with hotels and commercial space on the Snow Park parking lots.
Five Deer Valley HOAs unhappy with that decision sued the ski resort and Park City in 3rd District Court earlier this year. The HOAs represent the neighborhoods of American Flag, Pinnacle, Morning Star Estates, Hidden Meadows and The Oaks.
State law requires the council to find “good cause” to vacate public right-of-way. A letter of intent signed by Deer Valley and the city outlines what they consider the “good cause.”
Elements of the deal include day skier parking reductions, $15 million from the resort to build a transportation facility and a gondola connecting Snow Park to Deer Valley’s new East Village base in Wasatch County.
The HOA’s lawsuit claims the council’s finding of good cause was “arbitrary, capricious and illegal.” It claims the city’s deal with Deer Valley will “negatively and materially impact” property owners in the area because of the increased traffic.
For months Park City Mayor Nann Worel and two liaisons from the city council privately negotiated with Deer Valley officials to find a fair exchange for giving up the road.
The lawsuit alleges those liaisons, Councilmember Ryan Dickey and and then-Councilmember Max Doilney, prejudged the partnership agreement in a way that disqualified themselves from voting. The two councilmembers have publicly dismissed that claim.
Even if Dickey and Doilney would have abstained from voting, the other three councilmembers approved the deal.
Attorneys for Deer Valley have motioned to dismiss the case. They argue the HOAs don’t have standing to challenge the city council, in part because they don’t own property close enough to the land in question.
They also say the court doesn’t have jurisdiction because the neighbors didn’t first file an appeal with the city’s planning department. Park City Municipal has signed onto the motion to dismiss.
Third District Court Judge Richard Mrazik will review the arguments and consider the motion to dismiss at a hearing Monday, Dec. 2, at 2 p.m.
The Snow Park Village project still has to go through the city’s planning commission for final approval.
