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CHRISTY SPORTS, LLC v. DEER VALLEY RESORT CO.

No. 07-4198.

555 F.3d 1188 (2009)

CHRISTY SPORTS, LLC, a Colorado Limited Liability Company, Plaintiff-Appellant, v. DEER VALLEY RESORT COMPANY, LTD., a Utah Limited Partnership, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 18, 2009.

Attorney(s) appearing for the Case

Thomas P. McMahon, Jones & Keller, P.C., Denver, CO (Steven G. Loosle, Kruse Landa Maycock & Ricks, LLC, Salt Lake City, UT, with him on the briefs), for Plaintiff-Appellant.

Gordon Strachan, Strachan, Strachan, & Simon, P.C., Park City, UT (Kevin J. Simon, with him on the brief), for Defendant-Appellee.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

McCONNELL, Circuit Judge.

When the Deer Valley Resort Company ("DVRC") was developing its world-renowned ski resort in the Wasatch Mountains, it sold parcels of land within the resort village to third parties, while reserving the right of approval over the conduct of certain ancillary businesses on the property, including ski rentals. For about fifteen years, DVRC granted permission to Cole Sports and plaintiff-appellant Christy Sports to rent skis in competition...

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