Rutland, VT – A federal judge has dismissed a class action lawsuit seeking to force the new owners of Vermont’s Killington ski resorts to honor lifetime season passes issued by their predecessor.nThe passes were awarded to those who invested in the early days of Killington, then under the ownership of Sherburne Corporation and its successor, Killington Ltd., operated by S-K-I Ltd. and later by American Skiing Co. The language entitled the passholder “to the free use of all ski lifts operated by (Sherburne) Killington Ltd. at (Killington Basin) Killington Ski Area so long as the corporation shall operate in that area under an agreement with the state of Vermont.”

When the ski area was sold in 2007 to SP Land Co. and Utah’s Powder Corp, however, Killington Ltd. ceased to exist.

Plaintiffs Martin and Jill Post, Judith Dark and William Langlais argued that the term “corporation” in the passholder agreement refers to any subsequent owner of the ski resort. In her decision, Judge Christina Reiss rejected the argument, finding the language in the agreement to be “clear and unambiguous” and issuing a summary judgment order in favor of the Defendants.

In her 31-page decision, Reiss wrote, “The only reasonable interpretation of that language is that it requires Killington Ltd. to provide the designated passholder free use of all ski lifts operated by Killington Ltd. at the Killington Ski Area so long as it operates in that area.”

The lawsuit represented 1,243 passholders, many of whom had sold or obtained their pass in an active resale market.

The Plaintiffs have announced that they plan to appeal Reiss’ decision to the 2nd U.S. Circuit Court of Appeals.