Park City, UT – If Powdr Corp. planned to abide by a five-day eviction notice to vacate Park City Mountain Resort (PCMR) by the notice’s deadline, there was no sign of it on Monday.

Labor Day crowds lined up to purchase tickets for the Utah ski resort’s summer attractions. The zip line was abuzz with riders, and guests careened down the alpine slide and mountain coaster. Mountain bikers cruised the resort’s single track. Skiers posed for pass photos in the resort’s season pass office.

The latest and perhaps most provocative salvo in a war between the PCMR parent and a division of Talisker Corporation, which owns 2,800 acres of the 3,700-acre ski resort, the five-day Notice to Quit served upon Powdr and some of its principals on August 28 expired on Monday. The two sides have been embroiled in a bitter litigation over a lease for Talisker’s land that Talisker contends Powdr Corp. failed to renew in a timely manner. In its latest missive, Talisker accuses Powdr officials of intentionally backdating a lease renewal request, an issue scheduled to be heard by the court later this week.

“You are a tenant at will and your Landlord is now terminating your tenancy,” the notice began. “You must leave the premises you are now occupying as a tenant within five (5) calendar days of the date you are served with this Notice.”

The notice was signed by Fiona Arnold of Talisker Land Resolution LLC. Vail Resorts, which in May signed an agreement to operate nearby Canyons Resort also owned by Talisker Corp., announced Arnold’s resignation from her position as Vail Resort’s general counsel at the end of July. No further explanation of the reasoning behind Arnold’s resignation was provided at the time.

Vail Resorts’ agreement to operate Canyons marks the Broomfield, Colo.-based ski resort operator’s first foray into the Utah market, and includes a provision by which Vail Resorts could also acquire the lease of the land upon which PCMR operates from Talisker without additional consideration. Should Talisker prevail in its pending litigation with Powdr, Vail Resorts could therefore end up operating both Canyons and PCMR.

The notice served upon Powdr officials asserted that lifts and other improvements to the land paid for by Powdr would revert to ownership by Talisker Land.

“Although all structures, facilities and improvements that are affixed to the Property, such as ski lifts, will belong to Landlord, you will be allowed sixty (60) days to remove personal property and equipment not affixed to the Property, notwithstanding that your right to occupy the Property will expire five days from the date this Notice is served on you,” the notice continued.

PCMR general manager Jenni Smith maintained that Powdr Corp. has no intention of vacating the premises.

“Vail’s eviction notice is nothing more than a bald-faced attempt to circumvent the litigation already in process and interfere with our business,” Smith said in a prepared statement. “We will not give in to Vail’s bullying.”

Business at PCMR continued as usual over the holiday weekend, and passes for the upcoming ski and snowboard season continue to be sold by the resort. Talisker Land’s notice indicates that should Powdr Corp. refuse to leave, a summons and complaint alleging unlawful detainer would follow.

Since its inception in the 1960s, Park City Mountain Resort has operated on land leased from United Park City Mines, a company acquired by Toronto, Canada-based Talisker in 2004. The $155,000 annual lease rate was formulated in the 1960s, and Talisker Land has used Powdr’s failure to renew the lease in a timely manner to adjust lease payments to those more reflective of current market conditions. The current litigation, filed in March 2012, was filed after negotiations regarding lease payments reached an impasse.