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stefan
02-09-2007, 04:07 AM
http://www.coloradoskihistory.com/lost/ut_elkmeadows.html

OPERATION DATES: 1972 - 1999, 2001 - 2002
AREA STATS:
* Elevations: Top: 10,400', Base: 9,100', Vertical: 1,300'
* LIFTS: 1 Yan Double, 1 Heron-Poma Double, 1 Poma Double, 1 Poma
Triple, 1 CTEC-Garaventa Quad

HISTORY:
Mount Holly Ski Area opened in 1972 in the Tusher Mountains of
Southern Utah. The ski area consisted of a Heron-Poma double chair
and T-bar. Mount Holly catered to skiers from southern Utah, Las
Vegas, southern California and Phoenix.

By 1985, the Elk Meadows Ski Area was developed on the slopes above
Mount Holly. Elk Meadows operated as an independent area and
installed a Poma triple chair, Poma double and platter lift. By 1988, the
two ski areas were marketed together and a shuttle bus connected them.
Skiers from the upper Elk Meadows also had the option to ski back to
Mount Holly via a trail which tunneled beneath the access road.

The ski areas were owned by Henry Jung of Canada by 1994. Elk
Meadows boasted a vertical drop of 1,300 feet with a summit elevation of
10,400 feet. An article in the Salt Lake Tribune describes the area's
business as, "Even on the busiest of holiday weekends, the resort is
seldom crowded. That fact, coupled with an excellent ski school
program, makes it ideal for newcomers to skis."

Accommodations were later added to Elk Meadows. By 1994, the area
hosted over 320 beds, with more hotels in nearby Beaver. Financial
problems arose at the area by the mid 1990's. The owners sought
bankruptcy protection and the ski resort was sold in 1997 to a group from
Portland, Oregon called Schmitt Industries. Lift tickets that year cost
thirty dollars. Initially, Schmitt Industries made improvements to the
resort, which new CTEC-Garaventa quad chair called the Lake View
chair and a used Yan double chair to replace the Village T-bar at Mount
Holly. The West Village Lodge also saw an addition to add more seating
capacity.

Schmitt Industries proposed a major expansion for the ski area during the
late 1990's, which would have included more hotels, condos, and a golf
course. Difficulties between the county and ski area officials over a water
treatment plant and water rights led to the area's initial closing. Wayne
Case, from Schmitt Industries, said in 2000, "Elk Meadows is closed and
it's going to stay down until there is a clear direction from the Department
of Environmental Quality." Based on engineers estimates, the proposed
water treatment plant's output would be about 99.9% pure. The
reclaimed water then is used for snowmaking and irrigation needs.

According to the Salt Lake Tribune, Wayne Case and John Rupp from
Schmitt spent over 15 million dollars on the failed resort by 2000. The ski
area did not open for the 2000-2001 winter but reopened the following
winter. Skier visits topped at about 20,000 that winter, while the ski area
continued to struggle financially.

Elk Meadows closed after the 2002 season running out of operating cash.
The ski area was recently sold to Craig Burton of Development LC
hoping to reopen the ski area a private resort. Their business plan is
similar to that of the Yellowstone Club in Montana and is estimated to
cost over 3.5 billion dollars. Improvements include a gated resort
community, lifts connecting the two ski areas, and a Jack Nicklaus golf
course.

note: see end of the following link for photos of proposed expansion
http://www.coloradoskihistory.com/lost/ut_elkmeadows.html

stefan
02-09-2007, 04:08 AM
http://industryreport.mountainnews.com/2006/10/post_20.shtml

October 02, 2006
Battle Of Elk Meadows Heating Up


It'll have it all: iron gates, mega condos, a golf course blessed by Mssr. Nicklaus and your own personal Utah ski slopes - pristine and closed to all but mega-millionaires like yourself.

When it is completed, a defunct ski property will have risen from the ashes and a $3.5 billion uber cool resort patterned after Montana's Yellowstone Club will stand in its place. That is, if the locals can't find a way to stop it.

Residents of Elk Meadows, a 450-acre area outside Salt Lake and a fair piece away from better-known Wasatch resorts, know they're in Craig Burton sights. Burton, managing partner of CPB Development LC of Holladay, Utah, wants to develop the area, razing some existing 70s-era condos and building luxury homes in their place - 1,200 homes to be precise, many with deep pockets buyers waiting in the wings.

When he gets the green light, Burton said, those buyers will be able to acquire his multi-million dollar ski homes and enjoy unparalleled views of the nearby Tushar mountain range, where volcanic peaks reach 12,000 feet. Membership dues will support restaurants, a spa.

Burton said Elk Meadows will become "one of the finest ski and golf resorts in the world." He is scheduled to close on the ski area and 1,200 acres of adjoining property today.

About 200 property owners living in those 70s-era condos met Saturday to discuss a course of action.

"I think this is gonna be a disaster for the mountain and the community," resident Gary Kantor told a local newspaper. "Someone's gonna make a huge amount of money and then walk away. It's disgusting."

Since the land is currently under bankruptcy, Kantor said he and other owners will have to sell their homes at "fair market value," trade their property for other land on the mountain owned by the developer, or exchange the value of their property for membership into the club.

Burton said he would buy out Kantor and the others, clear the land and build his homes and high-speed lifts. He acknowledged he won't be able to demolish any condos unless he secures all the units in a building.

"A lot of them will choose not to sell, and we respect that," he said. "We would expect them to respect our ownership rights, and then we'll work through the issues."

stefan
02-09-2007, 04:13 AM
Elk Meadows Figure Arraigned on Fraud
Tuesday January 9, 10:41 am ET
By Paul Foy, AP Business Writer
Man Trying to Redevelop Bankrupt Ski Area Charged With Securities Violations

SALT LAKE CITY (AP) -- One of the players behind the redevelopment of a defunct ski area in southern Utah was arraigned Monday on charges of securities fraud and racketeering for unrelated business deals.

Marc Jenson's partners insist he has no ownership interest in the former Elk Meadows ski area, which they plan to turn into an exclusive resort. They said Jenson remains in charge of attracting wealthy buyers to the Mt. Holly Club, a proposed gated ski resort community.

Jenson pleaded not guilty in 4th District Court, where his lawyers said they planned to challenge a judge's decision binding the businessman over for trial on six felony counts. The lawyers were given until March 8 to file the court papers.

It isn't Jenson's first brush with the law.

He spent six months in federal prison in 1992 for bank fraud and failure to file income tax returns, state prosecutors said. In addition, he is a target of several civil suits filed by private investors who say they lost money dealing with the 46-year-old Holladay man. Jenson filed for personal bankruptcy in 1990.

One of the securities charges involves Jenson's failure to tell investors of his checkered past and debts while raising millions of dollars for various deals, including an attempted takeover of the Mongoose bicycle division of Lake Forest, Ill.-based Brunswick Corp.

Prosecutor Charlene Barlow said Jenson was still raising money for the deal even after Brunswick sold Mongoose to Madison, Wisc.-based Pacific Cycle Inc., which calls itself North America's largest bicycle manufacturer and also owns the Schwinn brand. Pacific Cycle is a division of Dorel Industries Inc.

Jenson, a principal of Nimbus Capital Partners, is in the business of supplying "hard-money" loans at high interest rates before business ventures can secure more conventional financing. He faces charges of misappropriating millions of dollars from two other Utah investors for so-called bridge loans.

"Marc is a very smart, successful businessman, but he's also a lender, and lenders aren't always the most popular people" when they call in a loan, said one of his defense lawyers, Rebecca Hyde. "There are a lot of people who think highly of him and, despite this problem, can continue to do business with him."

Count Mt. Holly Club principals among the believers.

"Marc is definitely helping as a marketing consultant," said Bill Quick, a public-relations executive for Mt. Holly Partners.

Jenson at one time had an ownership interest but lost it as the ski area slid into bankruptcy, according to other lenders, government officials and public documents. His stake in the operation Monday could not be independently verified, but Quick said his brother Stephen Jenson was one of three members of Mt. Holly Partners, the development group listed in a recent change on tax records as owner of the 1,400-acre Elk Meadows ski area.

The group also has snapped up private land around nearby Puffer Lake to add to the ski area, which sits inside a national forest in the shadow of 12,000-foot Mt. Holly, 18 miles east of Beaver in the Tushar mountain range

They plan to expand the tiny ski area into a larger club with a Jack Nicklaus-commissioned golf course and other development totaling $3.5 billion -- seven times the total property value of rural Beaver County.

To join the club, buyers will have to pay a one-time $250,000 fee and dues of $10,000 a year plus millions of dollars for a mountain home.


Quick said Mt. Holly Partners also consisted of Craig Burton through his CPB Development, a neighbor of Jenson's Nimbus Capital Partners in Holladay, and New York investor Rob O'Neill through his Delaware corporation, MHU Holdings.

Jenson was in the picture several years ago when Nimbus offered a $3.6 million loan at 18 percent interest to Elk Meadows' former operator, Oregon businessman Wayne Case.

Case couldn't turn a profit, tried unsuccessfully to sell resort to a bigger outfit, filed for bankruptcy and finally gave up control. Nimbus foreclosed on the ski area, then had to sign over the deed to Litchfield Capital LLC, an Arizona investment firm that had provided Nimbus the $3.6 million for the loan.

Nimbus repaid the loan, plus interest, last year, Craig Campbell, one of two Phoenix lawyers who run Litchfield, said Monday.

Jenson didn't answer a message left Monday by The Associated Press, referring it to his lawyers and public-relations consultants. Case has refused for years to return calls and didn't return another message left on Monday.

offpiste
02-10-2007, 12:06 PM
Here we are building Elk Meadows......too bad they can't keep it open great backcountry there!

stefan
02-10-2007, 12:18 PM
wow! you were part of that? those are great photographs. thanks for posting them. :nod:

i'd be interested in hearing any of your stories or the history of the area. your impressions of building a ski area down there? what was the atmosphere like during that time? do you think it was a necessary impact?

personally, i'd really hate to see the area get corrupted into a private club.

thanks! :2thumbs:

offpiste
02-10-2007, 12:43 PM
The area is one of my most favorite in Utah. The locals were Pissed to say the least when Liesure sports started building on the Holly side. It ruined some prime hunting grounds for them.

The road is the biggest hang up for the resort. Narrow and winding! We got caught with a boulder blocking the road for about 12 hours, people that came up were scared to travel it. I wish they could just fix the road and make it available to all. As it is the road stops the average weekender from Vegas or Southern Cali to travel up there in the winter. That is the main support of Brian Head.

To make it private would be a crime! To take that area away from people would be a shame, especially PUFFER LAKE! But Nicholaus was in on the original planning team in 85 so I don't know what new he will bring to it. We had very few clients that first year and they sold out before the summer of the second season, but I was already gone and teaching by then.

The atmosphere was still trying to make it an elitest area but really no solid backing for it. There was a crew of 6-8 of us that really stayed with it and finished it start to finish, not counting the Cat operating company. We cut the lines, set the towers and lori's ran the cable and all.

It was an awesome experience! Not many can say they built a ski resort.

offpiste
02-10-2007, 12:53 PM
Puffer Lake

stefan
02-10-2007, 11:32 PM
The area is one of my most favorite in Utah. The locals were Pissed to say the least when Liesure sports started building on the Holly side. It ruined some prime hunting grounds for them.


i bet they were pissed.



To make it private would be a crime! To take that area away from people would be a shame, especially PUFFER LAKE! But Nicholaus was in on the original planning team in 85 so I don't know what new he will bring to it. We had very few clients that first year and they sold out before the summer of the second season, but I was already gone and teaching by then.


how did you get hooked up with the whole thing? where did you go teach?



The atmosphere was still trying to make it an elitest area but really no solid backing for it. There was a crew of 6-8 of us that really stayed with it and finished it start to finish, not counting the Cat operating company. We cut the lines, set the towers and lori's ran the cable and all.

It was an awesome experience! Not many can say they built a ski resort.

must have been quite the experience. how many people came that first year?

the lake is gorgeous, btw

offpiste
02-11-2007, 01:11 PM
"how did you get hooked up with the whole thing? where did you go teach?"

I was a patroller at BH for a few years while finishing school at SUU. My friend knew the guy who was spearheading the build out of Cedar City and hooked me up, right place right time.
I went to Roosevelt and taught at the Jr. High......This is where I fell in love with Steam Boat 1 hr further than the front so we went to the Boat everyother weekend.

As for people we had probably 1500 tourist not counting what few locals actually came up, crying shame they had a beautiful resort in their backyard and wouldn't even support it.

I know my friend actually returned and tried to get it going again with the last owner he was a realestate salesman for the resort. Same deal though wanting gold for bronze accomodations.

It still has some of the best backcountry in the state, if they make it private it will be hard to get to!

stefan
02-11-2007, 02:03 PM
nice shot :2thumbs:

thanks for sharing the info, really interesting. :2thumbs:

stefan
02-28-2007, 05:35 AM
damn i guesst they're going/gone through with this :frustrated:

http://www.earthtimes.org/articles/show/news_press_release,67235.shtml

Gold Medalist Ted Ligety to Direct Mt. Holly Club Skiing Operations
Posted on : Wed, 28 Feb 2007 13:05:00 GMT | Author : Mt. Holly Club


MT. HOLLY, Utah, Feb. 28 /PRNewswire/ -- Mt. Holly Club, the world's finest private luxury ski and golf resort, today announced that Ted Ligety, Olympic gold medal skier and World Cup champion, will serve as the club's director of skiing operations. Ligety will oversee growth of this unique ski-in/ski-out private resort -- the mirror image of the golf-in/golf-out capability members enjoy in the summer playing the prestigious Jack Nicklaus Golf Club golf course.

"In creating the world's premier ski and golf club resort, we needed a premier, world-class skier directing our skiing operations," said Stephen Jenson, owner and partner of Mt Holly Club. "Ted Ligety is precisely the right person. We couldn't be happier."

No stranger to Utah powder, Park City native Ted Ligety strapped on his first pair of skis at age two and was racing by the time he was 11. Through hard work and bone-chilling speed, Ligety earned a spot on the U.S. Ski Team in 2005, and won an Olympic gold medal the following year in Turin, Italy in the combined event. It was the first gold medal for an American skier since Tommy Moe in 1994. In 2006 Ligety won the national titles in slalom and combined at the U.S. National Championships, repeating the feat he accomplished in 2005. He is currently skiing on the world cup circuit.

"Even with all the skiing opportunities I have around the world, I can't wait to get back to Utah to the greatest snow on earth -- and some of the greatest terrain as well," said Ligety. "Working to create a one-of-a-kind resort like this is an exciting prospect. We have gleaned ideas from many of the best ski resorts globally and implemented them in a way that will make this area rival the top luxury resorts worldwide, adding ski-in/ski-out access to your own private resort."

The Mt. Holly Club ski area will become a centerpiece of the innovative ski-in/ski-out, golf-in/golf out design that sets Mt. Holly Club apart from all other luxury resorts in the world. Many of the 1,200 luxury home sites are arranged to provide literal back yard access to the ski slopes. In summer, members' ski-in/ski-out homes become "on the course" golf-in/golf-out backdoors to some of the finest golfing in the world on the club's prestigious Jack Nicklaus Club golf course -- one of only 25 in the world.

"Working with Ted on the design and operation of this resort has been an exciting experience," said Jenson. "Like everything else at Mt. Holly Club, the elements of terrain, flow, challenge, convenience, and beauty have all come together in a way that is superbly world-class."



An ABOMINATION!!!!



Mt. Holly Club Information Sheet
http://www.mthollyclub.com/index.asp

Mt. Holly Club, the world

offpiste
02-28-2007, 05:15 PM
Well there goes some great backcountry skiing terrain for all.

THAT SUCKS!!!!

stefan
02-28-2007, 05:26 PM
i know!! but from another article i read, i suggesting that it's not necessarily a done deal. one can always hope, i guess

offpiste
02-28-2007, 09:42 PM
yep, also thinking about it I wonder how far up the canyon they can really block the road with a gate since its a state road?

stefan
03-07-2007, 06:36 AM
ugg ...


Mt. Holly Club Selected as Prestigious Jack Nicklaus Golf Club
New Course Is Centerpiece of World's Only Ski-in/Ski-out, Golf-in/Golf-out
Private Luxury Resort

MT. HOLLY, Utah, March 7 /PRNewswire/ -- Mt. Holly Club, the world's
finest private luxury ski and golf resort, today announced its selection as
a Jack Nicklaus Golf Club -- the most exclusive designation granted by the
Nicklaus organization. This prestigious designation is reserved for only 25
Jack Nicklaus Signature courses worldwide (5 in the U.S.) and includes an
exclusive reciprocity program with other Jack Nicklaus Golf Clubs located
in unique settings around the world. The Mt. Holly Club course is the only
mountain course to receive the designation.

"Nicklaus Design is far and away the top golf course design group in
the world," said Stephen Jenson, owner and partner of Mt. Holly Club. "To
receive this elite designation and Jack's personal involvement in the
project is a thrill for our company and a testament to the incredible
beauty and uniqueness of the site. Jack's vision and creativity in bringing
this mountain course to life cements its position among the elite luxury
clubs in the world and ensure our members a one-of-a-kind resort
experience."

Located on 2,000 acres in one of the world's most spectacular alpine
settings, Mt. Holly Club is a self-contained private village at 10,000
feet, surrounded by more than 750,000 acres of national forest land. It is
the first and only private community in the world to offer a
ski-in/ski-out, golf-in/golf-out experience in a luxury resort.

From his first visit to the Mt. Holly Club site, Jack Nicklaus was
taken with the prospects of developing a truly spectacular course.
"Typically, when I survey a potential course site, I'll think through 1-2
holes if I'm not particularly impressed -- 4-5 holes if I really like it,"
said Nicklaus. "When I walked Mt. Holly Club, I was so captured by its
potential I thought through all 18 holes. In fact, I have been so impressed
with the club and its management team that I became a founding charter
member."

The Mt. Holly Club course will become a centerpiece of the innovative
ski-in/ski-out, golf-in/golf out design that sets the area apart from all
other luxury resorts in the world. Many of the 1,200 luxury home sites are
arranged to provide literal back yard access to the golf course. In winter,
members' "on the course" golf-in/golf-out homes become ski-in/ski-out back doors to some of the finest Utah powder skiing in the world under the
direction of Olympic gold medalist Ted Ligety, Director of Skiing.

Thirty-five Mt. Holly Club Charter Members will be eligible to enjoy an
exclusive reciprocity program with other Jack Nicklaus Golf Clubs
throughout the world, with all the clubs' amenities at their disposal.
Additionally, a beautiful new home where Jack stays when he visits each
location is available to JNGC Members.

To date Jack Nicklaus has 250 Signature courses open for play
worldwide. Of those, and others to be built in the future, only a total of
25 will be designated as Jack Nicklaus Clubs, and will include some of the
world's most sought-after destinations. Current JNGC sites include New
Zealand, Royal Island (Bahamas), St. Lucia and Anguilla in the Eastern
Caribbean, Ucluelet British Columbia, and the Patagonia region of
Argentina.

Construction of the course will begin in early 2007 and the front nine
holes will be open in summer 2008. The back nine holes are scheduled to
open in summer 2009.

About Mt. Holly Club

Mt. Holly Club, the world's finest private ski and golf resort, is a
self-contained luxury village at 10,000 feet -- the first and only private
community in the world to offer a ski-in/ski-out, golf-in/golf-out
experience. Located just 22 jet minutes north of Las Vegas in Mt. Holly,
Utah, the club enjoys one of the world's most spectacular alpine settings
-- providing world class amenities, services and adventure on 2,000 acres
of unique mountain real estate surrounded by 750,000 acres of pristine
national forest. The Jack Nicklaus Signature Golf Course has the rare
distinction of being selected as one of only 25 worldwide (only 5 in the
U.S.) to be designated as a Jack Nicklaus Club. Olympic gold medal skier
Ted Ligety directs the club's world class private ski resort, featuring
access to 48 runs of world famous Utah Powder via 10 high-speed quad lifts spanning 1,500 vertical feet. Club membership is limited to 1,200, and
requires real estate ownership. Mt. Holly Club is privately owned by Mt.
Holly Partners LLC. For more information visit http://www.mthollyclub.com.

stefan
03-19-2007, 07:05 AM
let the tensions begin ...



Residents Torn over Multibillion-dollar Resort

BEAVER, Utah (AP) -- Developers hoping to build a multibillion-dollar resort here have riled some residents by posting no-trespassing signs on roads leading to several lakes just before a county meeting on the project.

Some in Beaver County are looking forward to the ritzy Mount Holly Club for its economic boon, while others have concerns over public access and snobbish attitudes.

"It's all Hollywood money, and we don't need them coming in here with their Hollywood drugs and pornography," said resident Margaret Wellman.

But not everyone in this southeastern Utah community opposes Salt Lake City developer CPB's plan to redevelop the now-defunct Elk Meadows ski resort with extravagant homes and a posh club.

"Our elementary school here is in real trouble," said Scott Robinson, who owns Beaver Drug in Beaver. "We need a new school and more teachers. So if the environmental concerns are addressed and laws and ordinances are followed, then I look at the project as something that could benefit the county."

Either way, the proposed resort is the talk of this county of 6,400 people.

"It's the biggest issue in the county that I can remember," Robinson said.

The issue is expected to draw a crowd Wednesday night, when the county Planning Commission considers zoning changes and a development agreement for the $3.5 billion project.

The gated ski resort community would include 1,200 houses and town houses along with a 250,000-square-foot clubhouse to be built on 2,000 acres. The club also would include a private ski resort with 36 runs and an 18-hole private golf course. The project is expected to take 10 years to complete.

Among residents' chief concerns are water rights and public access to areas like Puffer Lake. The group bought land near the lake to add to the ski area and recently no-trespassing signs were posted on roads leading to that lake and several others.

At least two of the signs have been removed and Bill Quick, a spokesman for Mount Holly, blames the markers on an overzealous employee.

Terry Krasco, head ranger at the Fishlake National Forest office in Beaver, explained that the agency has decades-old easements for roads that cross the private land now owned by Mount Holly and lead to public areas.

Krasco would not comment about the signs other than to say the Forest Service "plans to assert our rights of way."

Quick maintains that the developers are committed to adhering to the approval process and building public trust.

"It's important that we do this right," Quick said. "There is nothing secretive about what we are doing. We want to be forthright."

bruce from bryce
03-19-2007, 08:38 AM
Last year my wife and I took the drive up from Junction up to the top of the mountain, across to Puffer Lake and then up to Big John Flat. Hiked up into the mountains to see the wildflowers and spent the night on the flat, the only negative being the dirt bikes and ATVs running till 11pm.

The next day we hike up to the top of Mt Holly and in doing so tracked down a huge herd of Mt. Goats. I climbed above them to get a few photos and spooked them where they passed within a few feet of my wife who had stayed below. All in all we saw close to 150 of them.

If this resort actually comes to fuition I wonder if it will still be possible for me to do this route?

stefan
03-31-2007, 09:43 AM
Planners back Beaver resort project
County Commission plans hearing, possible vote on Monday
By Mark Havnes
The Salt Lake Tribune


BEAVER - It's big. It's plush. It's divisive. And it's one step closer to being built.

The Beaver County Planning Commission has voted to recommend approval of a development agreement for the proposed Mount Holly Club, which plans to plop hundreds of multimillion-dollar homes, along with an 18-hole golf course, on thousands of acres at a now-defunct ski resort in southwestern Utah.

On Monday, the County Commission will hold a public hearing and consider whether to approve the development deal.

Many residents oppose the plan, fearing the $3.5 billion development at the former Elk Meadows ski area would drain resources, ruin the rural atmosphere and deprive them of access to ski runs and other recreational retreats.

Others back the proposal by Salt Lake City-based CPB, LLC and point to the revenue the ritzy resort 18 miles east of Beaver would bring to private businesses and public coffers.

The Planning Commission's unanimous recommendation came late Wednesday night after the panel tweaked a number of terms in the proposed development accord.

For instance, the deal now calls for those with 30 percent ownership in Elk Meadows property to have continued access to the ski resort. Developers had wanted to limit access to those with at least a 50 percent stake.

County Commissioner Chad Johnson, who attended this week's Planning Commission meeting, is reserving comment on the proposed agreement until after Monday's hearing.

If commissioners endorse the deal, developers still would need to secure preliminary and final plat approvals before construction could begin.

offpiste
04-02-2007, 10:49 PM
WOW same sales pitch 20 some years ago. The people won't even stop in Beaver, except to get off and on the plane, that's if they can land their planes at the airport there.
Like I said if goes through it will block access to some great country.

stefan
04-10-2007, 05:52 AM
Feds skeptical of posh resort's ads
HUD investigator seeks facts about Mt. Holly plan
By Nate Carlisle
The Salt Lake Tribune


BEAVER - An investigator has been in this central Utah city on a "fact-finding inquiry" into whether developers of a proposed $3.5 billion mountain resort are in compliance with federal laws governing real estate advertising.

Beaver County Attorney Von Christiansen said this week that the investigator, G. Wesley Dunlap of Fairfax, Va., told him he was under contract with the U.S. Department of Housing and Urban Development. Dunlap also talked to other county officials about the Mt. Holly Club, which plans the deluxe resort on the site of the former Elk Meadows ski area in the Tushar Mountains 18 miles east of Beaver.

Christiansen said Dunlap told him he was looking into whether Mt. Holly Club and its developers had violated the Interstate Land Sales Full Disclosure Act and whether HUD had jurisdiction on such a case.

Christiansen said the inquiry was spurred by the possibility the club had produced misleading advertising. Dunlap said "it would likely be some time before HUD took action," Christiansen said.

Mt. Holly Club issued a written statement Friday saying no one from HUD has contacted the resort and that the club is not subject to HUD registration.

"We are still awaiting county approval before selling lots," the statement said. "And our marketing is consistent with HUD regulations. Mt. Holly has been working with sophisticated counsel from Washington, D.C., for months with respect to all issues of HUD compliance and we will continue to do so."

A HUD spokesman in Washington, D.C., said the agency could not confirm an investigation is under way. Dunlap, however, also went to Beaver County's planning office, where he left a business card and a letter from HUD saying the federal agency had contracted him to conduct fact finding.

The developer, CPB Development of Salt Lake City, want to convert the ski resort into a private, exclusive community. Under the plan, the existing ski runs would be complemented by a Jack Nicklaus-designed golf course and luxury housing.

Public reaction has been mixed. Some Beaver County residents have praised the idea as an alternative to failed efforts to run Elk Meadows as an open-to-the-public resort. Others have said the plan is too lofty to succeed and will burden the county financially. Questions also have arisen about whether the expanded community would siphon water from the town of Beaver and whether current condo owners would be allowed access to Mt. Holly Club amenities.

On April 16, the Beaver County Commission will consider whether to approve a development agreement with the club.

HUD's attention might have been caught initially by U.S. Forest Service objections to a full-page advertisement that appeared in the Dec. 1 Wall Street Journal .

The ad said the resort could run ski lifts and snow cats up to 12,000-foot-high Mount Holly. However, the peak is on national forest land where motorized equipment is restricted, and the Forest Service asked the club to stop the advertisements.

The club's Web site, www.mthollyclub.com, contains photographs of scenery that does not appear to be at the resort. Mt. Holly Club spokesman Bill Quick said Friday he did not know where the photo was taken. There is also a sentence on the site saying: "Mt. Holly Club is the only private resort that offers ski-in, ski-out wintertime amenities and a signature Jack Nicklaus championship course all in a convenient golf cart community."

The golf course is not operational and Web site visitors need to click on a subhead to read a fact sheet that says the course is under construction. Visitors must click on the contact page to find a sentence reading: "This is not an offer."

The Interstate Land Sales Full Disclosure Act gives HUD authority over large residential real estate projects. The act also prohibits anyone selling or leasing a property from issuing advertising that is untrue or omits "material fact." The act carries possible civil penalties or criminal penalties of up to 5 years in prison.

The HUD investigator also called on Lynn Kitchen, district conservationist for the U.S. Natural Resource Conservation Service. Kitchen said Dunlap wanted to know much snow annually falls on Mount Holly and Elk Meadows. Kitchen said he supplied data.

On Friday morning, a fact sheet on Mt. Holly Club's Web site claimed the club "receives an average of 450 inches of fresh powder each year." When The Tribune reviewed the fact sheet again in the afternoon, the amount was lowered to 400 inches.

Kitchen said the area received 415 inches in 2005 - one of the heaviest years on record. A more typical annual figure is 200 to 300 inches, he said. But Kitchen added: "If people measure in a big snow drift, you could get about any figure you want."

Mt. Holly Club spokesman Quick said previous owners of Elk Meadows and publications have reported the resort receives 400 to 450 inches of snowfall per year. The fact sheet was amended Friday to reflect the lower end of that range, and because Mt. Holly Club talked with the conservation service to learn more about how resorts measure their snowfall, he said.

stefan
04-24-2007, 11:40 AM
Moguls for moguls? Resort wins OK with ski runs for the rich
By Mark Havnes
The Salt Lake Tribune
04/16/2007

BEAVER - A defunct southern Utah resort may again see skiers schussing down its slopes - but the thrill seekers may have to live in a ritzy new resort to reach the runs.

The Beaver County Commission approved a development agreement for the proposed $3.5 billion Mount Holly Club.

The exclusive resort - at the site of the now-closed Elk Meadows ski area - plans to plop hundreds of multimillion-dollar homes and town houses, along with an 18-hole golf course, on thousands of acres at the now-closed Elk Meadows ski area about 20 miles east of Beaver.

Commissioners had considered requiring the developers to provide some skiing access to current residents. But they ended up abandoning that tack and leaving the decision to the developers, who appear eager to market the 36 ski runs as an exclusive playground for their rich clients.

The prospect of losing that access has angered current residents as the proposed resort winds its way through the approval process.

Many also fear the project will drain resources and ruin the rural atmosphere.

But others back the proposal and point to the revenue it would bring to private businesses and public coffers.

The developers still must obtain preliminary and final plat approvals before construction can begin.





__________________________________________________ __


Exclusive club moves toward public hearing
County approves development agreement for old Elk Meadows
By Mark Havnes
The Salt Lake Tribune
04/16/2007

BEAVER - Plans for what could become Utah's first private ski resort for the rich scored a major victory Monday, leaving those who once enjoyed schussing down the Tushar Mountain slopes out in the cold.

In the face of mounting opposition, the Beaver County Commission approved a development agreement for the proposed $3.5 billion Mount Holly Club.

The exclusive resort plans to plop hundreds of multimillion-dollar homes and town houses, along with an 18-hole golf course, on thousands of acres at the now-closed Elk Meadows ski resort and popular Puffer Lake, about 20 miles east of Beaver.

The county's Planning and Zoning Commission, which recommended approval of the agreement, had considered requiring the developers to provide some skiing access at Mount Holly to current Elk Meadows residents.

But commissioners ended up abandoning that tack and leaving the decision to the developers, who appear eager to market the 36 ski runs as an exclusive playground for their wealthy residents.

County resident Margaret Wellman, who has been fighting the project, said she was disappointed but not surprised by Monday's vote.

"I expected a rubber stamp," she said.

Wellman and her allies already have started contacting hundreds of residents, urging them to attend a public hearing Wednesday, when plat approvals for the project will be addressed.

"This is our last chance to speak out," she said. "From here, we'll take it to court."

Like Wellman, many Beaver County residents fear losing access to ski runs and other recreation areas if Mount Holly is built. They also worry that the project would drain water resources and ruin the area's rural atmosphere.

Others back the massive development and point to the revenue it would bring to private businesses and public coffers.

Craig Burton president of CPB, which is developing the project on private land, told commissioners Monday that earlier discussions about possibly accommodating Elk Meadows homeowners and providing access to ski runs started as a good-neighbor gesture last fall.

But, he said, the issue became too complicated and threatened to undermine one of the resort's major selling points: its exclusivity.

Burton said lenders and investors got jittery when they saw news accounts of the developer and county officials working on a plan to possibly let nonmembers ski on the swanky slopes.

"It's yes or no," said Burton of the club's exclusivity. "There's no middle road."

Burton said the developers are ready to go to court if necessary to protect their right to decide who skis at the club, which sits on private land surrounded by Fishlake National Forest.

"We need to put our private property rights to work," Burton said.

After Monday's meeting, Commissioner Chad Johnson said the panel's authority is limited to ensuring the proposed development follows ordinances for planned-unit developments, and not to deciding who should be allowed on Mount Holly's property.

Johnson noted the proposed Mount Holly Club has generated more documents, taken more time and stirred up more residents than Circle Four Farms, the huge pig farming operation that began production nearly 20 years ago after much controversy.

"[Circle Four] wasn't as comprehensively looked at as this project," Johnson said. "Circle Four didn't even have a development agreement."






__________________________________________________ __



Mount Holly ski resort plan on hold
By Mark Havnes
The Salt Lake Tribune
04/20/2007

BEAVER - Developers eager to build a posh, private ski resort in southwestern Utah will have to wait before they start turning any dirt.

The Beaver County Planning Commission has some questions - about water (will there be enough?), about financing (will there be enough of that, as well?) and about the proposed golf course (will the 10,000-foot-or-so elevation pose any problems?).

Until they have satisfied those questions - and more - the planning commissioners aren't about to approve preliminary plats for the proposed $3.5 billion Mount Holly Club.

Mount Holly Partners LLC hopes to build 1,200 upscale homes and town homes on 2,000 acres of private land - surrounded by Fishlake National Forest - in the Tushar Mountains, nearly 20 miles east of Beaver.

Club members would have exclusive access to an 18-hole golf course and runs at the now-closed Elk Meadows ski resort.

Many county residents oppose the club. They worry about dwindling resources, an invasion of rich outsiders and lost access to the ski runs and other recreational areas.

During a public hearing at Wednesday night's planning meeting, residents also expressed concerns about possible pollution to streams and whether the developers are following county ordinances concerning planned-unit developments.

Others in the county of 6,400 residents back the project. They see it as a way to bolster business and beef up tax coffers.

In the face of this community split, the Beaver County Commission approved a development agreement for the project earlier this week.

Construction can't begin, however, until the development wins preliminary and final plat approvals. And planning commissioners want proof that the developers have adequate water before they sign off on the 45 housing units planned for 572 acres in the project's first phase.

"Until the state proves they have the 'wet' water and not just the rights, it [development] isn't going to happen," vowed commission member Dennis Miller.

Commission members also want assurance that the project has enough financing, and they delayed a request for a conditional-use permit to begin construction of the golf course. The panel plans to investigate if other courses built at high elevations faced any problems.

Bill Quick, a spokesman for Mount Holly Partners, conceded that the Planning Commission's lack of action was disappointing.

"Sure, we're anxious to get started and would have loved to have been approved, but we also understand the process and are committed to providing information necessary to get approved," Quick said.

stefan
04-26-2007, 07:06 PM
Will plans for private ski area fly this time?
By Ray Grass
Deseret Morning News

The move to make Elk Meadows Utah's first private ski area has turned into a real battle between developers and residents not happy with the idea of being locked out.

Proposed is a $3.5 billion Mount Holly Club.

The concept is that the rich and famous will buy very expensive property and more expensive homes, which will come with an exclusive ski pass good for any of the three chair lifts, poma lift and the state's only T-bar, which are currently in place, and any future lifts and tows.

Residents are worried about losing access to the ski runs, which is a little puzzling since lifts haven't run since March of 2002.

This is not Utah's first attempt at introducing a private ski area.

Back in the early 1970s there was talk of making Solitude private. Most of the land the resort sits on is privately owned, which made it a likely candidate for a private resort.

This came after different managers came and went and left the resort in shambles and closed, which is pretty much the history of Elk Meadows. Solitude closed in the winter of 1974-75. Elk Meadows, formerly Mount Holley, formerly Elk Meadows/Mount Holley, opened in 1971 as a local ski hill. It closed at the end of the 2002 season,

When Solitude closed, owners, tired of what they called "poor boy" outfits trying to run the resort, offered to sell it to Salt Lake County. The asking price was $1.5 million for 526 acres of private land, lifts and lodges.

A few years before one of the "poor boy" groups presented an impressive master plan, complete with model, of new lifts and lodges and runs. Shortly after the resort closed that winter, they left in the dead of night, taking with them everything that wasn't welded down, including lift chairs, silverware and cafeteria tables and chairs.

Solitude was sold in 1968 and again in 1976 to Dick Houlihan and Hal Louchheim, who built new lifts and new runs and started it on its way to where it is today, a first-class resort.

The Elk Meadows/Mount Holley Club situation is a little different in that it sits on 1,400 acres and therefore has lots of land to sell. Solitude's land was limited to its ski runs.

Beaver residents are also worried about water. The previous owner claimed water and water quality are what stopped him from spending $150 million in improvements.

That owner claimed he spent $500,000 to improve the water system but admitted that more water sources were required.

Whether or not Elk Meadows becomes a ski resort or not will have little impact on Utah's ski market. Few Utahns skied there when it was open and far fewer will ski there if and when it becomes a private ski area.

Jumping to another subject, I read an interview a couple of weeks ago where Bode Miller said if he's still with the U.S. Team when the 2010 Olympics roll around, he won't complete.

He said there was too much emphasis on winning.

OK, but isn't that what ski racing is all about

stefan
04-26-2007, 07:22 PM
[quote=stefan]
Jumping to another subject, I read an interview a couple of weeks ago where Bode Miller said if he's still with the U.S. Team when the 2010 Olympics roll around, he won't complete.

He said there was too much emphasis on winning.

OK, but isn't that what ski racing is all about

Powderfinder540
06-11-2007, 12:52 PM
If this resort is built, will there still be access to the backcountry there? Mt. Holly and City Creek Peak have some awesome lines!

stefan
06-22-2007, 07:29 AM
If this resort is built, will there still be access to the backcountry there? Mt. Holly and City Creek Peak have some awesome lines!


i imagine it would seriously be compromised. i have inquired via email with the national forest service (as the mt. holly club has yet to return my phone call). still waiting.

it really would be a shame to deny such access. there are other roads in the vicinity (likely closed in winter) and the main highway from the east which is closed in winter.

stefan
06-22-2007, 07:53 AM
Proposed Mount Holly Resort draws ire from neighbors
By Mark Havnes
The Salt Lake Tribune


BEAVER - Jammed streets, packed classrooms, dwindling water supplies and vanishing recreation access.

Those were some of the concerns voiced in court Thursday about a posh resort proposed for a canyon east of Beaver in southwestern Utah.

Residents fighting the exclusive Mount Holly Club - planned at the now-closed Elk Meadows ski area - are arguing in 5th District Court here that the development agreement reached between CPB, LC, and Beaver County is illegal and that county residents should be able to vote on the accord in a referendum.

Carol McCully testified today that she, like many residents, fears the multibillion-dollar project will threaten long-established access to area trails and popular Puffer Lake.

"I'm also afraid they will use the airport to shuttle Mount Holly people to the club [by] going over my house [in helicopters]," she told Judge John Walton on the first day of what it is expected to be a two-day trial. "It's an immense problem. The county sees it as tax-revenue gold. But this is a big problem."

McCully said residents have gathered 845 signatures - hundreds more than the 505 needed - to put the issue before county voters. She noted the county clerk has disqualified 40 signatures and still is reviewing the rest.

Salt Lake City attorney Jay Peck, representing the developer, said his client plans to show that the proposed referendum fails to meet the standards set in a Utah Supreme Court case.

The proposed Mount Holly Club would include 1,200 houses and town houses on 2,000 acres. It also would boast a private ski resort and an 18-hole private golf course. The baseline price for a house and lot is pegged at $4 million.

The two-phase project would take about 10 years to complete.

Powderfinder540
06-25-2007, 11:58 AM
If this resort is built, will there still be access to the backcountry there? Mt. Holly and City Creek Peak have some awesome lines!


i imagine it would seriously be compromised. i have inquired via email with the national forest service (as the mt. holly club has yet to return my phone call). still waiting.

it really would be a shame to deny such access. there are other roads in the vicinity (likely closed in winter) and the main highway from the east which is closed in winter.

thats true. the only real access to get there is Highway 153. If the Mt. Holly club does somehow receive permision to build, can they take over the State Highway?

stefan
10-04-2007, 08:06 AM
you gotta love some of the mentality in america :haha:

Developers with plans to build an exclusive resort east of Beaver are threatening to sue residents for "millions" for opposing their multibillion-dollar dream.
By Mark Havnes
The Salt Lake Tribune


In an Aug. 7 letter, Stephen R. Jenson, chief executive officer of Mount Holly Partners, warns Elk Meadows residents that they risk being dragged into court personally after their homeowners association filed a lawsuit against Beaver County in hopes of stopping the Mount Holly Club project. The letter labels the association's lawsuit "wrongful litigation" and claims it "has caused Mount Holly millions of dollars in damages as the result of unlawful delays and related costs and expenses." It further says that the developers are preparing to pursue legal action, "including a lawsuit against [association members] for millions of dollars in damages, to recover these wrongful losses."

Victoria Spicer, who owns a condominium in the Snowflake complex, considers the letter a joke. "They are like the new Nazi Gestapo on the mountain," she said. "This is consistent with how they work. We have rights, too, and feel those rights are being violated."

Spicer vows to hold on to her condo no matter what. "My [condo] is priceless to me," she said. "Even if they offer me a million dollars, I won't sell. It's a matter of principle. I don't like bullies."

Alan Bradshaw, the attorney who filed the lawsuit against Beaver County for approving a development agreement for the Mount Holly Club project, called the threatening letter to homeowners "inappropriate." "They [homeowners] exercised their constitutional rights to redress their grievances," he said. Bradshaw said the latest threat smacks of a SLAPP - a Strategic Lawsuit Against Public Participation - designed to silence opposition.

The Utah Legislature passed an anti-SLAPP measure in 2001. But a representative of Mount Holly Club denies the letter amounts to a SLAPP. Spokesman Bill Quick said it was sent because the homeowners' suit had no merit. "The letter states clearly we want damages as a result of what we believe is a frivolous lawsuit," Quick said. "There are significant allegations that Bradshaw and those he represents have made that we believe are false."

Quick said no legal action has been taken and that the trial judge must grant permission before Mount Holly can proceed with litigation. In their suit, the homeowners association alleged the development agreement was flawed. A group of county residents also wanted the court to order the deal be put to a public referendum. But in late July, 5th District Judge John J. Walton ruled in favor of the county and the developers, who were allowed to intervene in the suit. Walton also refused to put the development deal on the ballot. The August letter is the latest salvo in an ongoing battle that started last fall when CPB Development proposed building posh homes and a lodge in a gated community that includes the defunct Elk Meadows Ski Resort, which would be used exclusively by club members along with a proposed 18-hole golf course.

This development would be nestled in the Tushar Mountains about 20 miles east of Beaver on 1,800 private acres surrounded by Fishlake National Forest. Elk Meadows residents want to stop the project. They fear they will lose access to ski runs and hiking trails, and they worry about overloaded infrastructure and possible water contamination. Joe Ban, an attorney for the residents group, has appealed Walton's decision to the Utah Supreme Court in another push to get the development agreement on the ballot.

stefan
04-08-2008, 08:07 AM
Dow Jones sues Utah developer
By Nate Carlisle
The Salt Lake Tribune

One of America's most famous news outlets is suing a Utah real estate development over what is alleged to be an unpaid bill.

Dow Jones & Co., whose holdings include The Wall Street Journal, says the Mount Holly Club resort owes more than $586,000 for advertisements it bought in March 2007. Dow Jones submitted an invoice in July but has not received payment, the company says in a lawsuit filed Feb. 1 in federal court in New York. Dow Jones seeks the sum plus interest.

Mount Holly Club ads in The Wall Street Journal already have been a point of contention. On Dec. 1, 2006, the newspaper published a full-page ad in which it was claimed that the resort could run ski lifts and snow cats up to 12,000-foot-high Mount Holly in the Tushar Mountains of Beaver County.

However, the peak is on national forest land where motorized equipment is restricted, and the Forest Service asked the club to stop the advertisements.

Also, in March 2007, an investigator from U.S. Housing and Urban Development was in Beaver County investigating whether Mount Holly Club broke laws related to advertising and land sales. A HUD spokesman declined Monday to discuss the status of the case with the club, which would feature posh homes and a lodge in a gated community that would be used exclusively by club members.

Representatives of Mount Holly Club, which has been opposed by some residents because of fears that it would overload the area's infrastructure, said Monday in a written statement that claims such as the one by Dow Jones often occur on large development projects.

"Mount Holly Club has an excellent relationship with Dow Jones and fully expects this to be resolved quickly," the statement said.

The Dow Jones lawsuit does not specify whether the disputed payment is for The Wall Street Journal advertisement or for promotions purchased later. Besides The Wall Street Journal, Dow Jones owns dozens of publications and media outlets, including Barron's. A Dow Jones spokesman on Monday could not immediately locate information about the lawsuit.

The Beaver County Commission in February approved preliminary proposals for Mount Holly Club, but large-scale construction has not begun.

stefan
06-20-2008, 09:47 PM
Mount HollyLawyer urges project to go to referendum
Developers, on their part, say the appeal should be dismissed
By Cathy McKitrick
The Salt Lake Tribune
05/22/2008

A developer's legal battle to block a public vote on its plans for a pricey ski-and-golf resort in Beaver County took a circuitous and "desperate" detour through the state Legislature, charges an attorney for resort opponents. "In what can only be described as a series of desperate acts, [developers] have taken extraordinary measures to try and avoid a legal review of the trial court's conclusions," Joel Ban, attorney for a grass roots group trying to put the Mount Holly project to a vote, wrote in appeal briefs filed Wednesday. "[Developers] hired a lobbyist, pursued an amendment to the referendum statute and then filed a request to extend the briefing schedule. Knowing that SB53 had been signed by the governor and would become effective May 5, they nonetheless waited until the last day to act," Ban wrote.

Sen. Brent Goodfellow's SB53 - a new law confusing to the point state lawyers say it could be unconstitutional - took effect May 5. A day later, CPB Development LC and Mount Holly Partners LLC used it as the basis to ask that a resident group's appeal get tossed out of court. Ban wants the Utah Court of Appeals to allow the Mount Holly project to go to a referendum vote. A lower court, in a complex decision, ruled it could not. Ban claims the issue is subject to referendum because the county decision constituted legislative action the enacting of an ordinance establishing the details of the Mount Holly Club development agreement. Developers say the appeal should be dismissed, arguing that SB53 bans referendums on all local land-use issues. It also claims the state Supreme Court is the proper forum for an elections dispute. In late April the state Attorney General's Office questioned SB53's constitutionality in a letter sent to Sevier County Attorney Dale Eyre - concerning another right-to-vote effort, this one over a controversial coal-fired power plant. Assistant Attorney General Thom Roberts cited Article 6 of the state Constitution, which provides for the people's fundamental right to legislate through initiative and referenda.

That right - viewed as sacrosanct - bucks up against individual property rights, said Dan McDonald, an attorney with Smith Hartvigsen, the firm representing CPB and Mount Holly. "More and more, citizen groups who dislike a landowner or development organize themselves to challenge land-use decisions," McDonald said. "The Supreme Court has repeatedly recognized that individual property rights are important as well as deference to local land-use authority." McDonald intends to file a quick answer to Ban's brief today - although the court could rule without it. The weighty issues of SB53's constitutionality - and application to this case - cannot be ignored, McDonald said. "This has statewide impact and is important enough that we think it will percolate to the Supreme Court, no matter who loses in the Court of Appeals."

stefan
06-20-2008, 09:48 PM
05/22/2008
Mount HollyLawyer urges project to go to referendum
Developers, on their part, say the appeal should be dismissed
By Cathy McKitrick
The Salt Lake Tribune

A developer's legal battle to block a public vote on its plans for a pricey ski-and-golf resort in Beaver County took a circuitous and "desperate" detour through the state Legislature, charges an attorney for resort opponents. "In what can only be described as a series of desperate acts, [developers] have taken extraordinary measures to try and avoid a legal review of the trial court's conclusions," Joel Ban, attorney for a grass roots group trying to put the Mount Holly project to a vote, wrote in appeal briefs filed Wednesday. "[Developers] hired a lobbyist, pursued an amendment to the referendum statute and then filed a request to extend the briefing schedule. Knowing that SB53 had been signed by the governor and would become effective May 5, they nonetheless waited until the last day to act," Ban wrote.

Sen. Brent Goodfellow's SB53 - a new law confusing to the point state lawyers say it could be unconstitutional - took effect May 5. A day later, CPB Development LC and Mount Holly Partners LLC used it as the basis to ask that a resident group's appeal get tossed out of court. Ban wants the Utah Court of Appeals to allow the Mount Holly project to go to a referendum vote. A lower court, in a complex decision, ruled it could not. Ban claims the issue is subject to referendum because the county decision constituted legislative action the enacting of an ordinance establishing the details of the Mount Holly Club development agreement. Developers say the appeal should be dismissed, arguing that SB53 bans referendums on all local land-use issues. It also claims the state Supreme Court is the proper forum for an elections dispute. In late April the state Attorney General's Office questioned SB53's constitutionality in a letter sent to Sevier County Attorney Dale Eyre - concerning another right-to-vote effort, this one over a controversial coal-fired power plant. Assistant Attorney General Thom Roberts cited Article 6 of the state Constitution, which provides for the people's fundamental right to legislate through initiative and referenda.

That right - viewed as sacrosanct - bucks up against individual property rights, said Dan McDonald, an attorney with Smith Hartvigsen, the firm representing CPB and Mount Holly. "More and more, citizen groups who dislike a landowner or development organize themselves to challenge land-use decisions," McDonald said. "The Supreme Court has repeatedly recognized that individual property rights are important as well as deference to local land-use authority." McDonald intends to file a quick answer to Ban's brief today - although the court could rule without it. The weighty issues of SB53's constitutionality - and application to this case - cannot be ignored, McDonald said. "This has statewide impact and is important enough that we think it will percolate to the Supreme Court, no matter who loses in the Court of Appeals."


06/11/2008
Constitutional challenge Referendum limits law sent to Utah high court
By Cathy McKitrick
The Salt Lake Tribune

A new law that limits local initiative and referendum powers could soon undergo constitutional scrutiny by the state's Supreme Court.

The Utah Court of Appeals has decided to send the case of BRAVE v. Beaver County back to Utah's highest court.

There, justices could rule on the constitutionality of SB53 and whether it renders moot a citizen-led effort to place a referendum on November's ballot over the planned $3.5 billion Mount Holly Club development proposed for land currently occupied by the Elk Meadows Resort. "It's a positive thing that this went back to the Supreme Court," said Joel Ban, attorney for the residents group called BRAVE. "They're more experienced in these matters and their decision will be the final say."

Dan McDonald, an attorney with Smith Hartvigsen, represents CPB Development LC and Mount Holly Partners LLC. "The Utah Court of Appeals was perfectly capable of making a fair and just decision," McDonald said. "But with the stakes being as high as they are in this case, either side would have appealed to the Supreme Court."

Margaret Wellman, treasurer for BRAVE, has battled Mount Holly's resort plan for more than two years. "It will take very crucial water away from our ranchers and farmers," Wellman said. "We're very hopeful that we'll win but nothing is a slam dunk."

In late April, Assistant Attorney General Thom Roberts wrote an opinion that courts would likely strike down SB53 as conflicting with Utahns' constitutional right to initiate local legislation or require a local ordinance to be submitted to a public vote.

stefan
06-20-2008, 09:55 PM
and a little bit on Marc Jensen, Holladay resident and key figure in the Mount Holly Club



05/27/2008
Agreement may end fraud case
Utah attorney general has accused Holladay businessman of engaging in securities fraud and racketeering
By Mike Gorrell
The Salt Lake Tribune

A plea agreement is being negotiated that on Thursday could end a 2005 fraud and racketeering case brought by the Utah attorney general's office against a Holladay businessman.

<snip>

The A.G.'s office contended, in a lawsuit filed Aug. 10, 2005,
Advertisement

that Jenson engaged in securities fraud and racketeering, both second-degree felonies, in business deals in 2000 and 2001.

Jenson allegedly convinced three Salt Lake County men - Michael Bodell, Morty Ebeling and Ricke White - to give him money that would be used in one case to purchase a bicycle company and in others to serve as short-term loans to businesses until they acquired long-term financing.

Assistant Attorney General Charlene Barlow's complaint alleged that the lenders were promised significant returns on their investments, but instead lost several million dollars. The state also alleged that Jenson failed to disclose to investors, as required, that he had been sentenced to federal prison in 1991 for failing to file a federal tax return and had gone through bankruptcy.

<snip>

05/30/2008
Fraud victims to get $4.1M
Holladay businessman to pay restitution in plea deal OK'd by judge
By Mike Gorrell
The Salt Lake Tribune

After rejecting an earlier plea agreement, 3rd District Judge Robin Reese approved a negotiated settlement Thursday that provides almost $4.1 million in restitution to victims of busted business deals that formed the basis of a 3-year-old criminal fraud case.

Reese accepted an agreement in which Marc Sessions Jenson, 48, of Holladay, entered a no contest plea in abeyance to a reduced charge of three counts of offering the sale of an unregistered security. Those are third-degree felonies.

He originally was charged by the Utah Attorney General's Office in 2005 with five second-degree felony counts of securities fraud and racketeering stemming from "hard money loans" he received in 2000 and allegedly failed to repay.

The plea in abeyance means the charges will be wiped from Jenson's record if he fulfills terms of the settlement within the next three years - and allows him to clear the slate even earlier if he pays a $15,000 fine to the state's Division of Securities and makes restitution to Salt Lake County residents Michael Bodell and Morris Ebeling.

Ebeling is entitled to $2.5 million and Bodell to $1.6 million, according to the agreement, which also allows both men to negotiate different amounts with Jenson.

While Jenson's no contest plea also included one count involving a failed business transaction with Salt Lake County businessman Ricke White, the settlement did not include compensation for White. His losses were dealt with separately in civil litigation.

In April, the Attorney General's Office and Jenson's attorneys told Reese they had negotiated a settlement that did not include any restitution. When Jenson's alleged victims objected, the judge rejected the agreement.

Further negotiations produced the compensation clause the victims and Reese wanted. In addition, the settlement prohibits Jenson from being involved in hard money loans - high interest, short-term loans used by companies until longer-term financing is secured - and allows the Division of Securities and the Attorney General's Office to track his federal tax records for the period in which the no contest plea is in place.

The agreement also specifies that Jenson can participate in the ownership, financing and management of the Mount Holly Club. Jenson is a key figure in efforts to turn the closed Elk Meadows ski area outside of Beaver into an exclusive private resort with its own ski hills and a Jack Nicklaus-designed golf course.

<snip>

"It's been almost 34 months since I was charged. That's a long time. I'll take that energy and put it into the Mount Holly Club," Jenson added.

stefan
09-08-2008, 06:06 PM
Building of large resort near Beaver is at a virtual standstill
By Mark Havnes
The Salt Lake Tribune


BEAVER - All's quiet on the mountaintop.

Instead of an exclusive ski area with jet-setters visiting their multimillion-dollar homes, locals here have seen no changes at the Mount Holly Club atop the Tushar Mountains.

There's no Jack Nicklaus-designed golf course being built, or water projects, or anything else at what was supposed to be, by now, a world-class ski resort, 18 miles east of Beaver.

"I thought [the development] was a bit grandiose," said Beaver County Commissioner Chad Johnson, who supported a 2007 agreement that allowed developers to proceed, even though he had reservations about the project. "I thought it was quite a bit to bite off."

Johnson hasn't been in contact with Mount Holly officials and knows nothing of their future plans. But when no applications were filed last spring with the Beaver County planning commission, he could tell little would be done this construction season - a limited one because the resort is at 10,000 feet, where snow can fly as early as September and linger until June.

What's more, he added, "I know [the developers] have a ton of things filed against them."

Those include a lawsuit headed to the Utah Supreme Court that challenges a law passed by the Utah Legislature limiting local rights to pursue land-use initiatives and referendums.

The BRAVE vs. Beaver County suit was filed by Mount Holly Club opponents who collected 845 signatures on a petition calling for the county's approval of the project to be put to a public vote. BRAVE stands for Save Beaver County, the Beaver River, and varied estates, according to court documents.

There is also a notification of default that Beaver County filed against the project's main developer, Mount Holly Partners LLC. Beaver County Deputy Attorney Leo Kanell said developers owe nearly $69,000 in fees for improvements made by a special service district at the development from when it was known as Elk Meadows.

And there's a lawsuit that one contractor, Murray-based engineer Bill Risen, filed against Mount Holly's partner company, CPB Development, that seeks $644,000 for work on a wastewater treatment plant.

While hesitant to discuss his claims because of the suit, Risen acknowledged, "I did some engineering work for Mount Holly in 2007 and waited more than a year to get paid . . . I've paid off my subcontractors and have waited more than a year to get some funds [from Mount Holly]. I just want to get paid and move on."

Developers blame a national economic slowdown for their setbacks. They remain determined to move forward after reorganizing some of the project's design and financing elements. The project, they now say, will bloom come springtime.

Company spokesman Bill Quick said developers have taken a new financial direction because of the economic slowdown, attempting to raise capital internally and by partnering with club members. "We don't want to incur a significant debt to get the ball rolling. "It will take some time to flush out."

He would not divulge the current number of club members, citing a desire to protect the group's privacy. "Let's just say there are multiple investors."

Quick said delays are problems common to many developments and predicted the disputes will be settled soon.

"The membership is not nervous about the timeline. It's not so much a problem as it might be perceived," he added.

The development started in the 1970s as a public ski resort, known as Mount Holly and later Elk Meadows.

Over the years, it grew into several condominium projects, on private and state trust lands, organized into homeowners associations.

Many residents in those associations have had a contentious relationship with the Mount Holly Club since the fall of 2006, when developers arrived on the scene, hoping to buy property to secure their project.

Its first phase is envisioned to scatter multimillion dollar homes over 1,800 acres within a fenced perimeter. Ski lifts that have been idle for years will be restarted for club members whose summer recreation would revolve around the Nicklaus-designed golf course. When completed in a decade, developers projected their finished club to be worth $3.5 billion, boosting Beaver County's tax base and providing jobs for locals. But the golf course remains a distant promise and prospects for skiing this winter appear slim.

If nothing gets built, it wouldn't disappoint Brent Stapley, a Beaver business owner who opposed the project from the outset.

"My concerns were if they [developers] were financially capable of really doing it," Stapley said.

Stapley added that in tough economic times, those who can afford to build at Mount Holly are more likely to pick places in Colorado like Vail or Steamboat Springs. Some resorts there are slicing off chunks of their property for private clubs like Mount Holly.

"Their timing is wrong," Stapley said. "Their plan [Mount Holly Club] may have worked 10 years ago. Now the big boys are jumping into the private club business. If you have $50 billion, you're still going to look for the best deal."

Quick expressed confidence that competition from other private resorts will not divert potential customers away from the Mount Holly Club.

"It's a proven deal," Quick said. "We take potential members there and it's an easy decision to make simply because of the shear beauty of the location."

offpiste
09-08-2008, 09:05 PM
So if its not going to happen who's up for a trip to the Tushars this winter?!

Mooseman70
09-09-2008, 06:31 AM
It's too bad that Elk Meadows may become a private retreat. I took a couple of Christmas vacations there with my family when I was a teenager, and I loved the fact that there were miles of wide open runs and NOBODY in line to ride the lifts. :hail2thechief: One of Utah's best kept secrets, IMHO. :2thumbs:

offpiste
09-09-2008, 07:13 PM
It's too bad that Elk Meadows may become a private retreat. I took a couple of Christmas vacations there with my family when I was a teenager, and I loved the fact that there were miles of wide open runs and NOBODY in line to ride the lifts. :hail2thechief: One of Utah's best kept secrets, IMHO. :2thumbs:

AGREED! How long ago did you take those vacations?

Mooseman70
09-10-2008, 06:43 AM
I think the last one was in 1994. We did a couple of them prior to them to '94, but I still cannot believe to this day that the place was relatively unknown. We'd show up early AM and have the entire moutain to ourselves ALL DAY, day after day. It was great. We bought group lift passes with the number of us vacationing in our family, so the actual per-lift-pass cost averaged out to be $17.00 apiece. :2thumbs:

Man... what Utah is going to lose if they privatize Elk Meadows. Would be a real shame.

stefan
09-10-2008, 07:32 AM
for your FYI, mooseman, offpiste helped build the ski area ... check out the beginning of the thread

http://bogley.com/forum/viewtopic.php?p=44404#44404

Mooseman70
09-11-2008, 06:53 AM
Very cool! :2thumbs: Nice to know someone on here was involved in building the place.

Yep - good memories of Elk Meadows. I'll have to see if I can go find my photo album w/ all my pics in them from those vacations. We drove all the way from So Cal & back several times just to be able to enjoy the mountain. Nothing I've been to before or since can even compare - Elk Meadows was a great secret! :2thumbs:

offpiste
09-14-2008, 02:58 PM
true, too bad they want to ruin it.

oldno7
10-14-2008, 03:23 PM
Always wondered who cut the original Mt. Holly runs, none of them followed the fall line.(very hard to ski) Later the Elk meadows runs had good fall lines but only beginner terrain.
On the theme of this thread-- it would ruin a good mountain to let it be privately developed. The used terrain and existing runs are mediocre at best. Having said that the terrain going both east and north are incredible.
This resort failed because Brian Head did not. A little closer to Vegas and no road or access issues in the winter. I also think Brian Heads terrain is mediocre but they built good infrastructure and more importantly a town.

offpiste
10-14-2008, 08:01 PM
It failed because people don't want to drive the canyon. Infrastructure a little. But the folks I talked with had plenty of money to buy and build whatever they wanted and they said the travel was the deciding factor, no large airport and charter buses basically refused to travel the canyon.

I have to agree with the statement on the runs we tried our best to get them down a fall line on the old Mt. Holly side, we came in and tried to clean them up but it wasn't happening without major tree removal.

The best part is still the back country, that is why they need to leave it alone and let people use it.

stefan
10-18-2008, 10:32 PM
An Unlikely Shangri-la:

Part I: Little room is left for new development at the West

stefan
10-18-2008, 10:33 PM
SB53 overturned
Utah Supreme Court strikes down law curbing land-use initiative campaigns
By Cathy McKitrick
The Salt Lake Tribune


No matter the dispute - whether about pigs in Kanosh, a power plant near Sigurd or a posh resort outside Beaver - a recent state law shut the door to Utah residents seeking to settle those spats at the ballot box.

On Friday, the Utah Supreme Court flung that door wide open again.

A unanimous seven-page ruling tossed out SB53 as unconstitutional and empowered Utahns to take on land-use decisions through the time-honored practice of gathering enough signatures to force a public vote.

The issue came to a head when some die-hard Sevier County residents launched a grass-roots push so voters could weigh in on a proposed coal-fired power plant near Sigurd.

"When we started out in February 2008, we believed we were doing a countywide right to vote," Sevier County resident Elaine Bonavita said Friday. "We now can say we played a part in restoring the right to vote to all Utahns across the state."

SB53, sponsored by Sen. Brent Goodfellow, D-West Valley City, barred voters from launching initiatives dealing with land-use ordinances. The bill breezed through the 2008 Legislature, got signed by the governor and took effect in May.

Bonavita led a successful effort to get the 299-acre coal-fired power plant on next month's ballot. However, attorneys for Sevier Power Co. pointed to SB53 and argued that Proposition 1 should be removed. A 6th District judge agreed.

Early last week, Utah's high court ordered the measure back on the ballot and, on Friday, issued its full opinion.

"This direct prohibition of the subject of an initiative brought otherwise within the conditions, manner and time restrictions imposed by law is beyond the power of the Legislature to enact," Justice Michael Wilkins wrote.

With that, the court upheld the people's power to initiate legislation on any subject, including land use.

In March, land-use attorney Jeff Owens called SB53 a loss for Utahns.

He ultimately argued Sevier County's right-to-vote case before the high court.

"They let me gravy-train my way to a Supreme Court win," Owens said, crediting the grass-roots residents for "doing the hard work."

SB53's reversal took Goodfellow by surprise.

"It was never my intent to take away the power of the people to petition their government," he said.

"My intent was to protect the integrity of master plans, private property and land-use documents."

Sevier Power's co-owner, Bruce Taylor, hoped for a different decision.

His efforts to get the required approvals for a proposed $600 million facility have spanned eight years.

Farther south, Beaver County resident Margaret Wellman, who took part in the fight against the exclusive but embattled Mount Holly ski-golf resort, applauded the ruling.

"It affects the whole state," she said, "so we're happy for everybody who does not want to see unlimited, big development."

Kanosh resident Steve Maxfield, a Millard County Commission candidate, also rejoiced.

Maxfield has pushed for a referendum on his town's new land-use document that bars residents from owning pigs.

"Kanosh is a great town that has been around for over 150 years," Maxfield said. "We've chosen to be neighbors. If our neighbor wants to have a pig, that's OK."

oldno7
10-19-2008, 05:34 AM
So if I read this right---- The local people(county level) will be able to decide on environmental issues through referendum? I love the idea, but it flies in the face of Environmental organizations who think all land should be managed from Wash. DC.
Could this possibly even be used on state levels to put Wilderness on a referendum?

stefan
10-19-2008, 07:35 AM
Could this possibly even be used on state levels to put Wilderness on a referendum?

i am not sure, but i have a feeling this would only apply to state land and not federal land.

if you are interested in raising this issue in the context of wilderness, please do so in the environmental issues forum, thanks.

offpiste
10-25-2008, 12:20 AM
Interesting to see Gene Gatza still talking on the subject he was one of the original six of us that built/renovated Elk Meadows in 84. He went back and worked as manager of properties and knows what he is talking about.

stefan
11-01-2008, 04:51 PM
the continuation article ...

Unlikely Shangri-La,
Part II
Winning over the residents of Beaver
By Christopher Solomon
High Country News


As introductions to the community go, the Mt. Holly Club

offpiste
11-04-2008, 09:54 PM
interesting article, lets see if they actually open this fall or not. Snow cat skiing that will also be interesting if they can get permission to go out of bounds with them into national forest lands. If not that will be an expensive boring cat ride.
sounds like they have hooks in the legislature, interesting how money will do that for politicians.
it would be interesting to see the books for beaver county school district to see if they did give that kind of cash to them.
I still hope they keep it out I still want to go and ski the area!!

oldno7
11-12-2008, 06:44 AM
And now the "Yellowstone club" has filed for bankruptcy.

Hopefully not too late to set a precedence for Elk Meadows.

Sorry no link-

Win
11-12-2008, 11:59 AM
On a similar note:

Tomorrow the Toquerville city council votes on the the "theme park". Amazing that almost nothing has been written about it.

And I've really taken a liking to that area of the Fishlake NF, we spent a bit of time up there over the Summer.

Win

trackrunner
11-12-2008, 04:19 PM
And now the "Yellowstone club" has filed for bankruptcy.

Hopefully not too late to set a precedence for Elk Meadows.

Sorry no link-

news links

http://www.forbes.com/business/2008/11/12/blizseth-yellowstone-club-biz-billies-cx_af_1112yellowstone.html

how it may effect a similar colorado resourt

http://coloradoindependent.com/14960/bad-times-for-private-ski-resorts-in-montana-colorado

AP article
http://ktar.com/?nid=45&sid=988306

stefan
02-09-2009, 10:57 AM
[b]Mount Holly needs voter approval, justices say
Ritzy resort

oldno7
11-17-2009, 06:40 AM
Mount Holley Partner's LLC's bankruptcy was finalized in Oct. Auction to be held in next 3 day's. Minimum bid 1 million.

stefan
11-17-2009, 06:55 PM
thanks for posting, kurt.

stefan
11-17-2009, 06:56 PM
[b]Elk Meadows ski resort on auction block
Foreclosed

stefan
11-17-2009, 06:57 PM
Ski resort goes up for auction
BY JENNIFER WEAVER
November 17, 2009


CEDAR CITY - In three more days a new owner of Elk Meadows Ski Resort could be moving his or her bid from escrow to a 15-day closing process in the commercial, quick-sell auction of the 1,138-acre property.

The 30-day campaign to sell the recreational land that peaks at 10,300 feet, with a 1,300-foot vertical drop, is soon coming to an end and sure to bring a new chapter to the secluded property in the Tushar Mountains. Once heralded to be the new Yellowstone Club, offering an exclusive ski and golf community much like that in Montana, the resort is now a mere shadow of dreams once held by a Holladay-based company, Mount Holly Partners, LLC., that filed voluntary bankruptcy, July 9, 2009. The bankruptcy was finalized last month.

"I've been up there before and skied there years ago and was just there last week to take a look at it," said Rich Gillette, a local broker for Mountain View Real Estate who is assisting with the sale. "By the looks of it, it hasn't ran for a good six to seven years. From what I understand, a company borrowed a bunch of money and didn't put a nickel into it so the company that owns it now is looking to liquidate it and recapture some of the loss."

LFC Group of Companies is auctioning Elk Meadows online for a minimum bid of $1 million. The auction concludes Friday, 5 p.m., Pacific Standard Time. The estimated property value is more then $5 million. LFC Director of Marketing Kelly Lovegrove said the auction is a sealed-bid format where bids go into escrow. The bids will then be delivered to the client for review and the option to take what is deemed as the "right buyer and right price" or open the process further for online bidding, Lovegrove said.

"The client may opt to position the highest bid to other prospective buyers and then it starts to look like eBay," she said.

Lovegrove said she could not reveal the identity of the LFC client. However, the Beaver County Zoning Office said its documents reflect AMDS Holdings, which foreclosed on the property in April and assumed the $19 million loan that Mount Holly Partners defaulted on in 2008 - also identified on disclosure forms on the auction Web site.

The disclose forms also stated that Elk Meadows possesses liabilities of up to $429,600, which includes an estimated $85,000 in back property taxes.

Lovegrove said those facts have not deterred interest in the ski resort with more than 7,400 hits to the Elk Meadows Web page and 130 registered users who have expressed the desire to place a bid.

"It's very much like a poker game and we won't find out until the very end if the client takes to the online bidding. It will be only then, when - for the first time - it becomes transparent," Lovegrove said.

Lovegrove said $200,000 is required for a bid deposit to be made. Thus far, an undisclosed number of bids have been received from all over the United States, Canada, Mexico and London, she said.

"It has been an interesting path as to where the property has ended up today," Lovegrove said. "It has gone through foreclosure and litigation and one group, who really does want to sell it quickly, is represented in its agreement for the low, minimum, $1 million bid."

The ski resort - originally called Mount Holly Ski Area - opened in 1972 and consisted of a Heron-Poma double chair and T-bar, reported www.coloradoskihistory.com. The Web site said by 1985, the independently operated Elk Meadows Ski Area was developed and installed a Poma triple chair, Poma double and platter lift. In 1988, the two ski areas were marketed together and a shuttle bus connected them, the Web site said. The ski areas were owned by Henry Jung of Canada by 1994.

Financial problems arose with Jung seeking bankruptcy protection and he sold the resort in 1997 to Schmitt Industries of Portland, Ore. Schmitt proposed a major expansion for the ski area but experienced opposition by Beaver County and ski area officials over a water treatment plant and water rights, which led to the resort's initial closure, the site said.

It did reopen for the 2001-2002 ski season but closed again after running out of operating money. It was then sold to CPB Development, LLC, the site said. In December 2006, MHU Holdings, Ares Funding, LLC and CPB Development, LLC, formed Mount Holly Partners, LLC, which aspired to invest more than $3.5 million to upgrade the property to a gated resort community with lifts connecting the two ski areas and a Jack Nicklaus golf course to be called the Mount Holly Club, the memorandum of law said in the case before Judge R. Kimball Mosier of the United States Bankruptcy Court for the District of Utah.

Kimball entered an order denying a motion to dismiss the bankruptcy case of Mount Holly Partners, LLC. MHU Holdings of New York City, opposed the bankruptcy, which subsequently resulted in litigation and eventually a negotiated settlement. Following the dismissal of the bankruptcy petition, MHU Holdings acquired the full interests of Mount Holly Partners, LLC., and its affiliate, AMDS Holdings, foreclosed on the property.

"We haven't done a ski resort before. This is our first auction of a ski resort," Lovegrove said.

offpiste
11-22-2009, 12:38 AM
Oh to be a millionaire right now!!!

stefan
11-22-2009, 05:39 AM
Oh to be a millionaire right now!!!

:lol8: :lol8: :lol8:

no kiddin' right?

stefan
11-28-2009, 10:00 PM
[b]Want a tony ski resort? Elk Meadows bids restart Monday
High-end property

offpiste
11-30-2009, 10:40 PM
Oh man that is such a killer deal for that property.....know any millionaires that need an investment? I would gladly go run it for them :2thumbs:

stefan
12-01-2009, 06:36 AM
not much time left ...

stefan
12-01-2009, 02:43 PM
[b]Elk Meadows auction extended until 6 p.m. today
Foreclosure sale

stefan
09-22-2010, 09:07 AM
..
[QUOTE]
Utah Adding 14th Ski Resort This Season
Utah Ski & Snowboard


Beaver, UT - Eagle Point ski area is slated to open this winter on the site of the former Elk Meadows Ski Resort east of Beaver, once again giving Utah its 14th ski and snowboard resort.

Officials have spent the past month flooding online and print publications with postings for jobs ranging from ski patrol to customer service, signaling that ski operations will resume this winter high in Beaver Canyon. http://www.utahskiandsnowboard.com/images/icons/extrasmall/enlarge-link.png

The mountain's new owners, private equity firm XE Capital Management, have quietly spent the summer reviving and recertifying ski lifts, clearing runs of overgrown brush and remodeling lodges. Elk Meadows was one of only two ski areas in southern Utah, the other being Brian Head Resort, when it shut down in 2002. The owner at that time, Wayne Case of Portland, Ore., filed for bankruptcy protection and the ski area went dormant. Subsequent efforts to transform the property into an ultra-luxury,

jman
09-22-2010, 10:54 AM
It's been fun following this.

So Eagle Point eh? And less than 20,000 the entire season...sounds like I need to test it out this year.

oldno7
09-22-2010, 02:27 PM
Don't expect a lot as a resort. The original side,(Mt. Holly) is loaded with double fall line runs, the other side of the road is very beginner type terrain.
Fun to go play for a day, but you'll be disappointed if your expecting Wasatch front type skiing.

Now the backcountry up there----well, thats another story.:mrgreen:

Dr. Nebz
09-30-2010, 07:34 PM
It is really not that far, so I may have to check this out this season.

ibenick
09-30-2010, 08:03 PM
It is really not that far, so I may have to check this out this season.

Funk dat Nebz. beeeeeeeeaver!

Dr. Nebz
09-30-2010, 09:08 PM
Funk dat Nebz. beeeeeeeeaver!

Oh I wanna go up there too. But would be nice to get some photos of this range as well this winter. When we riding the Beav?

I'll be at the Bird for most of the year, but like to get in a few days elsewhere. A variety is always a good thing when it comes to snowboarding.

stefan
10-13-2010, 07:24 AM
..


Former Elk Meadows to open as Eagle Point ski area in Utah
By MIKE GORRELL
The Salt Lake Tribune

After being dormant for eight seasons — and going through a contentious period when it was promoted as an exclusive private resort — the former Elk Meadows Ski Resort east of Beaver plans to reopen this winter as Eagle Point.

“Our goal is to be family friendly, deliver outstanding dining,amenities and service, and appeal to those who might be looking to get away from the crowds,” said CEO Shane Gadbaw.

He acquired the resort in a bankruptcy proceeding involving the would-be developers of Mount Holly Resort. They had hoped to turn the southwestern Utah resort into a gated community with a private ski resort and a Jack Nicklaus golf course, but encountered financial difficulties and resistance from many property owners.

Gadbaw intends to open the ski area Dec. 15, weather permitting. He said daily lift tickets will cost $45 for adults, and $32 for seniors and children. The resort will have 36 runs covering 400 skiable acres, served by one quad chairlift, one triple chair and two double chairs.

The resort is almost equidistant between Salt Lake City and Las Vegas, about 210 miles away.




http://www.onthesnow.com/ots/community/img_news/13387_1_md.jpg (http://www.onthesnow.com/news/9/p/13387/southern-utah-ski-area-to-reopen-in-december-as-eagle-point?i=0&id=10603)




Southern Utah Ski Area To Reopen In December As Eagle Point
Andy Dennison

The former Elk Meadows Ski Resort has a new owner, a new name, and a scrubbed look.

New ownership has taken over at the southern Utah resort east of Beaver and plans to open in December under the name of Eagle Point. The ski area has been shuttered for the past eight years.

Shane Gadbaw, the new owner and founder of Xe Capital Management in New York City, had crews working this summer and fall to renovate all five lifts, rebuild lodges, and clear slopes and trails of overgrowth, said spokesperson Jodi Holmgren. The ski area opened in 1972 as Mount Holly and has gone a number of owners – and makeovers -- since then.

They (Gadbaw et al) own it outright, so there won’t be the hurry-and-sell-tickets mentality,” Holmgren told OnTheSnow.

Gadbow and his partners bought the resort at a bankruptcy auction in 2009. The new ownership group will concentrate on upgrades on the mountain and leave real estate development to later, said Holmgren, unlike previous owners. The resort area was most recently promoted as a private recreation club, complete with golf course, ski slopes, and homes.

“This first year, we will focus on the drive market from Las Vegas, Phoenix, and southern California,” she said.

Adult all-day tickets will be $45, with children and seniors at $32. College students and locals will get deeper discounts, including a $150 five-pack. Opening day is set for Dec. 15.

The mountain boasts 1,400 vertical feet on 400 acres of in-bounds terrain served by four fixed-grip chairlifts, and one platter. The new management plans to open significant backcountry areas during the season, Holmgren said. The base at Eagle Points sits at 9,100 feet in elevation amid the Tushar Mountains.

The ski area is a 20-minute drive from Beaver, Utah, where skiers and riders will find a variety of accommodations and restaurants. The area has no snowmaking but averaged about 400 inches of snowfall a year while it was open.

stefan
10-13-2010, 07:40 AM
http://www.skinet.com/ski/files/imagecache/blog_detail_image/_images/201010/33457_164900350189975_162901957056481_597945_53929 52_n.jpg

..
Eagle Point: Utah's Newest Resort
Ski Magazine, The Ski Blog
by Brigid Mander

Utah's defunct 14th ski resort, the former Elk Meadows, is under new management and coming back to life as Eagle Point

Dormant for eight years, now, the former sleepy Elk Meadows Ski Resort in southern Utah is prepping to get back in the game, as Eagle Point (http://www.skinet.com/ski/node/113132). As Utah’s 14th ski resort (http://www.skinet.com/ski/reader-resort-survey/2001/08/about-that-new-no1), the ski hill has a new name, a new plan, new ownership and, most importantly, still gets plenty of snow.

Tucked into the Tushar Mountains, the third highest range in Utah, the resort is slated to open on December 15th, weather permitting. With a base at 9,100’, it offers 1,300’ of vertical, 400” of annual snowfall, and six fixed-grip chairlifts. The new owners intend to expand the ski hill without allowing it to lose the hidden gem reputation it had. Snowmaking is in the future to extend the season, as well as a focus on guided backcountry trips, and additions to the base area and lodging.

It is about equidistant from Salt Lake and Las Vegas (a 3- hour drive), and one hour from the Cedar City airport. The original ski area was the result of two neighboring ski resorts, Elk Meadows (http://www.skinet.com/ski/resorts/sugarloaf) and Mount Holly, founded in the 1970’s and 1980’s, which joined together and catered to skiers from southern Utah, Las Vegas, Phoenix, andsouthern California, until it shut down in 2002.

In the late 1990’s, new owners bought it with the intention of creating a high-end, private ski resort, but a declining real estate market and several other factors forced them to close the area in 2002 in financial straits. Last December, a trio of investors forming XE Capital bought the property at auction.

“We’re just selling the skiing experience,” said NYC-based CEO Shane Gadbaw. “This year is all about a place where people can ski and have fun…getting back with the locals, reestablishing a connection to skiers from Las Vegas, southern Utah, and southern California. ” One of the ski area’s previous selling points previously was as a family friendly escape from the crowds, lines, glitz and hype found many other places, with lots of powder and backcountry access. The new owners (http://www.skinet.com/ski/resorts/attitash) say they are are intent on keeping that feel, of Eagle Point (http://www.skinet.com/ski/node/113132) as a hidden gem and an escape in the mountains.

While the resort plans on staying smaller than Utah’s more famous ski resorts, they are also ‘bringing a little of New York’, said Gadbaw, in the service, the creativity, and the food. Cuisine is one spot where they have a definite leg up; Gadbaw’s brother is chef at NYC hotspot Marea and is serving as a consultant for their restaurants.

The resort will approach expansion slowly, as the new owners (http://www.skinet.com/ski/resorts/attitash) say the current character of the hill is something they want to preserve. In addition to snowmaking, guiding, there will be increased lodging at the base in addition to the 120 units already there and the 350 beds in nearby Beaver. Planned lodging will range from the family friendly to higher priced, more deluxe options.

The new owners (http://www.skinet.com/ski/resorts/attitash) are looking forward to their new projects in the ski world. “We are all skiers,” Gadbaw said of XE Capital. “ I’m kind of an intermediate-plus skier now…but, I will be a big skier, soon.”

offpiste
10-27-2010, 09:03 PM
AWESOME!! I am going to be there Dec 15th! Anyone want to join.

Dr. Nebz
10-28-2010, 06:29 PM
Dec 15th? Maybe, lets see the snowpack levels before I drive 3 hours to ride.

offpiste
11-10-2010, 10:14 PM
I'm out :angryfire: getting put back together on the 9th and out for the rest of the season....:sad:

blueeyes
11-14-2010, 08:07 PM
So sorry offpiste. Heal quickly!

stefan
11-17-2010, 08:08 PM
bummer, offpiste! hope ya mend quickly!!

[quote]Utah&rsquo;s Eagle Point Ski Resort Announces Pre-Season Ski Pass Deals
www.utahskieronline.com

BEAVER, Utah -- Eagle Point, Utah newest ski resort, announced its pre-season sale on season passes available through Nov. 18. The ski resort is scheduled to open on Dec. 15, weather permitting.

An adult season pass is available for $350, and a season pass for children (7-17) and seniors (65+) is $165 during the sale. A season pass is available to college students for only $200, and that price is available all season. Children 6 years and under always ski free with an accompanying adult.

For guests who are uncertain how many days they will visit Eagle Point this winter, there are options for purchasing discounted daily tickets in a pack of five tickets. The 5-Pack is available for $150 for adults, and $100 for children (7-17) and seniors (65+).

Visit the Eagle Point ski resort website for more information about lift ticket prices and season passes.

EAGLE POINT RESORT HOURS
Lift hours: 8:30 a.m. to 4 p.m.
Dining: Caf

blueeyes
11-17-2010, 08:58 PM
Stefan!!! :eek2:

Must resist urge... I have another goal this year and it is not season passes. Even if I could buy all three of us one for half of what I bought my season pass at Snowbasin.... I... must.... resist. :twisted: $680 divided by 15 Saturdays (figure a few I just can't make and the others I will be up north. $45 each time for all three of us.:nod: Oh wait kids don't have there own skis anymore. Rentals, gas, food.:nono: Yeah... that rush is over. :crazy: Damn IT!!!

Just keep :ride: just keep :ride:

Jaxx
11-18-2010, 12:13 PM
Stefan!!! :eek2:

Must resist urge... I have another goal this year and it is not season passes. Even if I could buy all three of us one for half of what I bought my season pass at Snowbasin.... I... must.... resist. :twisted: $680 divided by 15 Saturdays (figure a few I just can't make and the others I will be up north. $45 each time for all three of us.:nod: Oh wait kids don't have there own skis anymore. Rentals, gas, food.:nono: Yeah... that rush is over. :crazy: Damn IT!!!

Just keep :ride: just keep :ride:

"For guests who are uncertain how many days they will visit Eagle Point this winter, there are options for purchasing discounted daily tickets in a pack of five tickets. The 5-Pack is available for $150 for adults, and $100 for children (7-17) and seniors (65+)."
:twisted:

blueeyes
11-18-2010, 01:26 PM
Oh I have been working that angle in my head as well. Problem is deciding if I would rather buy the tickets at Eagle Point or just play really hard when we come up North for x-mas at several of the resorts and then maybe one more time in Feb. or Mar. Leaning more towards playing hard in a short period of time and going at least once to Eagle Point. I was just shocked at how cheap the season passes were.

oldno7
11-18-2010, 02:13 PM
I'd be glad to go ski with anyone interested in going here, as I said--don't expect a lot.
I would say the upper lifts are very good kids/learning terrain.

p.s. can anyone recommend good canes to ski with, I think I'm too old for poles.
And whats with these tiny ski's folks use nowadays?

offpiste
11-21-2010, 11:23 PM
Thanks folks! Just got a free day pass to Eagle Point up for grabs.

blueeyes
11-22-2010, 08:58 AM
If you are offering it up I will take it!

Dr. Nebz
11-23-2010, 08:31 PM
Thanks folks! Just got a free day pass to Eagle Point up for grabs.

I wanted to head down there this year pick me!:snowcloud:

offpiste
11-24-2010, 12:39 AM
Sorry Doc, blueeyes chimed in first but if she chooses not to take it, it's yours. I truly wish they were opening sooner, I would use it. :frustrated:

blueeyes
11-24-2010, 07:41 AM
I would definitely like it! :nod: I sent you and e-mail through yahoo.

Not sure yet when the kids and I will go but anyone is welcome to join us.

offpiste
11-25-2010, 07:29 PM
replied

Dr. Nebz
11-26-2010, 08:02 PM
Sorry Doc, blueeyes chimed in first but if she chooses not to take it, it's yours. I truly wish they were opening sooner, I would use it. :frustrated:

No worries, just was piping in if you had no takers on it. Have fun blueeyes, and I would love to see a report on your trip.

jman
11-29-2010, 10:02 AM
offpiste, Did you know a guy by the name of Kelly John who use to work at Elk Meadows? I met him yesterday, and he mentioned that he was employed by them when Elk Meadows was in full bloom. Now, he is in a permanent wheelchair due to a bad car accident, but he still goes skiing in a modified wheelchair of some sort. Pretty cool.

Anywho, Kelly John was saying that Eagle Point and Brian Head should have some sort of mutual agreement and a person can spend $10 more for a pass and they would receive a 1-day pass to Brian Head AND Eagle Point. That way, it would increase visitation and make Brian Head less crowded. It's a interesting idea...

offpiste
11-30-2010, 11:26 PM
I don't recall his name. Interesting thought on the ticket idea. Personally I would ski Eagle Point over BH any day, and I skied BH F/T for 3 years. More terrain at Eagle Point and no crowds.

stefan
12-27-2010, 08:34 AM
..
Eagle Point ski area makes it debut
BY MIKE GORRELL
The Salt Lake Tribune
Dec 16, 2010


Beaver &bull; Engulfed in controversy for much of the eight years it was closed, the old Elk Meadows ski area reopened Wednesday as Eagle Point &mdash; Utah&rsquo;s 14th active resort.

Ski Utah President Nathan Rafferty and one of his marketing organization&rsquo;s bloggers, Thomas Cooke, were given the honors of taking the first lift ride, gliding up the two-seat Skyline chairlift as light snow fell on the 1,200-acre resort in the Tushar Mountains, 18 miles east of Beaver.

&ldquo;It was an honor to be part of the reawakening of something that has been dormant for eight years,&rdquo; Rafferty said. &ldquo;It&rsquo;s just fun to welcome another resort into our quiver. More variety will help southern Utah.&rdquo;

Situated almost evenly between Salt Lake City and Las Vegas, Eagle Point will primarily target customers from southern Nevada and Southern California, said Shane Gadbaw, one of three Wall Street financiers who purchased the resort in December 2009 out of bankruptcy.

Gadbaw, who celebrated his 36th birthday with the resort&rsquo;s opening to a sparse crowd, is CEO of XE Capital. It is a hedge fund that initially invested in the grandiose plans of Mount Holly Partners LLC to transform the sleepy little ski area into a $3.5 billion development, with a private ski area and a Jack Nicklaus-designed golf course.

But it didn&rsquo;t take long for Gadbaw and his partners from XE Capital, Joe Clough and Terry Leighton, to determine that Mount Holly&rsquo;s divisive proposal &ndash; which sparked objections from numerous residents who were concerned about its exclusive nature and the impact on local water resources &ndash; wasn&rsquo;t working.

So even though they had never been in the ski business before and hadn&rsquo;t given it much thought, the trio set out to bring the resort back to life.

The financiers paid off all the debts left by their predecessors.

Gadbaw&rsquo;s father came to Beaver last summer and supervised the remodeling of Canyonside Lodge, construction of The Lookout warming cabin on a ridge offering views of the Tushar Mountains, and the many other fix-up projects necessary after eight years of being idle.

They brought in seasoned resort people to help them get past their inexperience. Steve Bills, a fixture at Snowbird&rsquo;s ski school for decades and a well-known instructor, was hired to build the snow-sports program. Jodi Holmgren was hired to handle public relations, a job she did last winter at Snowbasin, above Ogden.

The all-important responsibility for preparing food was placed in the hands of Craig Haslebacher, who beat out Bobby Flay in an &ldquo;Iron Chef&rdquo; competition in January.

The new owners also set out to mend fences with Beaver residents.

A job fair recruited many local people to fill the 135 jobs at the resort.

Area contractors were retained to do much of the work during the summer and fall. Package deals were organized with Beaver hotels to provide accommodations for out-of-town visitors.

Entreaties were made to Beaver schools to arrange lesson programs for students.

&ldquo;They seem to be taking a more practical, down-to-earth approach to the resort, so there is a lot of positive feedback,&rdquo; said Phil Jolley, who owns Beaver&rsquo;s Best Western Paradise Inn and also dabbles in ranching and real estate.

&ldquo;There&rsquo;s still a lot of pessimism about whether they&rsquo;ll succeed because so many people have tried it. So people are fairly skeptical,&rdquo; Jolley added. &ldquo;But it seems to me these guys are probably the best shot this resort has seen in a long time.&rdquo;

Carol McCulley, who led the Save Beaver County Committee that strenuously objected to the Mount Holly Partners&rsquo; plan, said she still has concerns about the possibility of a golf course on the property.

&ldquo;We&rsquo;re watching and waiting and looking for things in black and white, which we haven&rsquo;t seen yet,&rdquo; she said. &ldquo;But the ski resort being public is good. We want to see it succeed for the good of Beaver County and employment.&rdquo;

Job prospects were important to Beaver Mayor Mark Yardley, who wielded oversize scissors Wednesday to cut a ribbon, symbolically confirming the resort&rsquo;s open status.

&ldquo;It&rsquo;s extremely touching to see some Beaver folks with jobs up here,&rdquo; he said, noting that he was going to check out lessons for his children before returning to town. &ldquo;We&rsquo;re just excited to have a place to ski, the jobs and the chance to have people visit our community.&rdquo;

Snowboarder Brady Fox, 37, of Provo, was one of those visitors.

He has had a condo in the area for eight years and spent many summer afternoons on a mountain bike, checking out the idle ski lifts.

&ldquo;I&rsquo;ve just been daydreaming about the day they&rsquo;re turned on,&rdquo; Fox said, proud of being at a resort on its first day of operation.

That&rsquo;s the kind of response part-owner Clough was hoping to hear.

&ldquo;We want to take the time to build a loyal customer base,&rdquo; he said. &ldquo;We want people to come back next season.&rdquo;


for the eagle point ski area's webpage see:
http://www.skieaglepoint.com/

as of today they have a 70" base with 170" so far this season, calling for up to 17" wed/thurs

offpiste
01-01-2011, 12:00 AM
On the mend, 3 weeks out and no more numbness or stabbing pains running down the legs!!! :2thumbs::clap: Doc says everything looks good. Now I just need to get over the affect of the surgery itself. Keep the reports coming! I am missing an epic season so keep the powder shots coming!!!!

stefan
01-01-2011, 12:19 AM
On the mend, 3 weeks out and no more numbness or stabbing pains running down the legs!!! :2thumbs::clap: Doc says everything looks good. Now I just need to get over the affect of the surgery itself. Keep the reports coming! I am missing an epic season so keep the powder shots coming!!!!

congrats, man!! happy new year

Dr. Nebz
01-01-2011, 06:07 AM
On the mend, 3 weeks out and no more numbness or stabbing pains running down the legs!!! :2thumbs::clap: Doc says everything looks good. Now I just need to get over the affect of the surgery itself.

This is the kind of news I like to hear. :clap:

blueeyes
01-01-2011, 07:22 AM
:-)

Sent from my T-Mobile myTouch 3G using Tapatalk

offpiste
01-05-2011, 07:20 PM
Thanks and Happy New year to everyone! Blueeyes did you get the letter?

blueeyes
01-05-2011, 08:04 PM
Yes I did! I will post a report as soon as I go. Thx a ton!!! I just got word today from my sister that she scored me a free pass to Powder Mountain with one ride up to Lightening Ridge. :clap: For being down South I don't think I am doing to bad. So far

Canyons
Snowbird
Snowbasin

Will have trip reports soon.

offpiste
01-06-2011, 01:01 PM
:2thumbs:

stefan
03-03-2011, 12:49 PM
Trip report by blueeyes (Feb 27, 2011):
http://www.bogley.com/forum/showthread.php?48003-Sunday-February-27th-Eagle-Point

stefan
09-12-2011, 04:34 PM
forgot to post these the other day ...





Utah ski resort promoter headed for prison
By Mike Gorrell
The Salt Lake Tribune

The law came down hard Tuesday on Marc Sessions Jenson, a key figure in a failed attempt to transform little Elk Meadows ski area into a $3.5 billion resort.

In the morning, the 51-year-old former Holladay resident was handcuffed in 3rd District Court and taken to Salt Lake County Jail after Judge Robin Reese determined he had failed to pay $4.1 million in restitution to two victims of an earlier unrelated fraud case, violating terms of a plea-in-abeyance agreement reached in May 2008. The judge set an October hearing to sentence him on three third-degree felony counts of selling unregistered securities.

Then, in the afternoon, the Utah Attorney General’s Office filed eight second-degree felony counts in 3rd District Court against Jenson and 11 more against his brother Stephen Roger Jenson, 46, of Sandy, alleging communications fraud, money laundering and a pattern of unlawful activity in courting investors for the Mount Holly Club.

That was the name the Jensons attached to sleepy Elk Meadows, in the Tushar Mountains east of Beaver, which they envisioned turning into an exclusive, gated community with multimillion-dollar homes, a private ski area and a Jack Nicklaus-designed golf course.

An attempt late Tuesday to contact Marc Jenson’s attorney, Rebecca Hyde, about the new charges was unsuccessful. Stephen Jenson also could not be reached for comment.

The new allegations contend that in 2007 and ’08, the Jenson brothers enticed Jeffrey Donner, Tracy Fox and Shaun Rothwell to invest about $2.3 million into the Mount Holly Club with false information about the proposed luxury development.

The brothers then diverted the money to other accounts they controlled, the Attorney General’s Office alleged, and used it to rent or lease expensive homes, buy "exotic" automobiles, take expensive vacations, make payments toward prior defaulted loans and pay legal fees associated with Marc Jenson’s defense against fraud charges filed against him in 2005.

In that earlier case, the Attorney General’s Office charged Marc Jenson with five counts of securities fraud and one count of racketeering involving funds he solicited in a scheme to buy a bicycle company in 2000. Eventually, Reese approved a plea-in-abeyance agreement in May 2008 that, in exchange for clearing his record of three felony counts, gave Marc Jenson three years to pay $4.1 million in restitution to two of his victims.

The agreement allowed Marc Jenson to remain a salesman for the Mount Holly Club, a job that conceivably would allow him to repay $2.5 million to Morris Ebeling and another $1.6 million to Michael Bodell, Salt Lake County men who had invested in the bicycle deal.

But the economy collapsed, the Jensons’ Mount Holly Partners LLC declared bankruptcy in September 2009 and Marc Jenson had not repaid any money to Ebeling or Bodell by Tuesday. Although Jenson and his attorneys recently offered an interest in a Sun Valley luxury home that is on an online auction block, the proposal was rejected by Bodell, Ebeling and Assistant Attorney General Scott Reed, who argued "a promise to pay is not paying … [Jenson’s] time is up. "

The judge concurred.

Reese said Marc Jenson’s failure to pay restitution violated his agreementand set his sentencing for Oct. 24. In response to a request by Reed, and over the objections of defense attorney Hyde, Reese ordered Marc Jenson to be held in the Salt Lake County Jail until sentencing, with bail set at $500,000. If Marc Jenson posts bail, the judge added, he must surrender his passport.

Hyde had maintained Marc Jenson was not a risk to flee the country, citing his wife’s battle against cancer in California, where they now live. She also contended his demeanor throughout lengthy legal proceedings was "congenial and professional."

But Reed said Utah law mandates that Marc Jenson be detained until sentencing. It is appropriate in this case, he added, because a "string of [civil] lawsuits" against Jenson across the West is evidence that the defendant is a "constant threat" to be involved in financial fraud.

Bodell, a general contractor who originally met Marc Jenson at church, said he was satisfied by Reese’s decision. "I call Marc Jenson the ‘Houdini of financial predators.’ He uses smoke and mirrors to cover his trail," he said. "But it didn’t work this time. … Thank God for a great judge."

Ebeling said he was "disappointed." Although he felt Marc Jenson got the punishment he deserved, Ebeling said "that doesn’t give me any of my money back." And Ebeling is convinced Jenson has money stashed away, citing the lavish lifestyle the defendant maintained while his fraud case was pending.

"He could’ve made monthly payments and everything would have been OK," Ebeling said. "But I’ve not gotten one penny back in 11 years."

Hyde said the state made a mistake in not accepting Jenson’s offer of a stake in the 9,200-square-foot home in Sun Valley, noting that it was once listed by Coldwell Banker as worth $6.9 million. She had tried to persuade the judge to defer action on Marc Jenson’s case until seeing the outcome of an online auction that will end Wednesday evening.

As of 7 p.m. Tuesday, the top bid for the four-bedroom, five-bathroom house was $2.5 million.

"It will be interesting to see if the state, in 30 days [after the sale closes], has walked away from a substantial sum of money," Hyde said after the hearing, "and if it served the interests of its clients in this case."





Utahn convicted in fraud scheme facing new charges
By Emiley Morgan
KSL

SALT LAKE CITY — A Holladay man already convicted of fraud in Utah is now facing new charges in connection with a second alleged scheme, in which he touted, among other things, a Beaver County resort featuring a Jack Nicklaus golf course.

Marc Sessions Jenson, 51, and his brother, Stephen Roger Jenson, 46, were both charged Tuesday with four counts of communications fraud, three counts of money laundering, and one count of pattern of unlawful activity, all second-degree felonies. Stephen Jenson is facing three additional counts of second-degree felony money laundering.

Prosecutors with the Utah Attorney General's Office state that Marc Jenson, with the aid of his brother "and others," have devised as many as four different schemes with the goal of obtaining funds from investors which then "fail to materialize and the victims are left with millions of dollars in losses."

According to the charges filed Tuesday, the schemes include a ski resort in Beaver County, a real estate development project in Malibu, Calif., a wetlands preservation operation also based in Utah and "a loan to a local law firm for expenses pending completion of a civil suit against a pharmaceutical company that produced Fen-Phen."

"Later (Donner) found out through a source … that most of the individuals attending the promotional events were friends of Marc Jenson or people who were owed money by Marc Jenson."

One Colorado investor, Jeffrey Donner, told investigators that Marc Jenson approached him in 2007 about a proposed "Mount Holly Ski and Golf Resort" in Beaver County that would feature a Jack Nicklaus golf course and Olympic gold medalist, Ted Ligety, as a "ski director."

At a promotional event, Marc Jenson showed Donner a model of the resort and offered club membership for a price of $1.5 million. The man was told the other people at the event were already club members or potential club membership buyers.

"Later (Donner) found out through a source … that most of the individuals attending the promotional events were friends of Marc Jenson or people who were owed money by Marc Jenson," the charges state.

Marc Jenson and his brother failed to mention the local community opposition to the development of the resort property, the project's defaulted loans and pending financial issues and ongoing litigation brought on by Beaver County citizens, according to court documents.

Marc Jenson also failed to bring up the 12 months he spent in federal custody after pleading guilty to charges of making false statements to a financial institution and willful failure to file federal income tax returns in the early 1990s. Or the fact that he was charged with fraud, money laundering and sale of unregistered securities for similar crimes in 2005.

Marc Jenson also had an evidentiary hearing in the 2005 case Tuesday before 3rd District Judge Robin Reese. Because Jenson hasn't paid any of the $4.1 million restitution he was ordered to pay to two victims, the judge sent him to jail.

Jenson entered a plea in abeyance to three counts of sale of an unregistered security, a third-degree felony, in 2008. If he had paid the restitution and complied with other terms, the charges would have been dismissed.

He will be sentenced again on those charges Oct. 24.

The 2005 deal specifically allowed Marc Jenson to continue as a principal in a group trying to convert the old Elk Meadows ski resort near Beaver into the private Mt. Holly Club. But assistant attorney general Scott Reed told the Deseret News Tuesday that the agreement was made in May 2008 — months after the new alleged fraud was committed.

Last month, Donner sued Nicklaus in federal court claiming that, after the $3.5 billion project near Beaver went belly up, Nicklaus and his company, Jack Nicklaus Golf Club, took no responsibility for the debts and obligations incurred by the primary developer, Mount Holly Partners LLC.

In the alleged Mount Holly Resort scheme, one investor reported losing $261,000. Another took a loan against his home in the amount of $513,000. When investors later tried to withdraw their funds, they discovered the money had been transferred, the charges state.

Investigators said Marc and Stephen Jenson had 44 different bank accounts, including 12 that are "directly associated with the Mount Holly project." A total of nearly $2.8 million was ultimately collected in the name of the project, according to prosecutors.

"During the development term of these projects, Marc Jenson lives a lavish lifestyle, utilizing the funds from the project investments to rent and/or lease expensive homes; purchase exotic automobiles; take expensive vacations; provide monies to his wife … or to pay legal fees…," court documents state.

Jenson's previous case sparked controversy — first amid allegations that Utah Attorney General Mark Shurtleff filed the charges as a favor for a friend whose wife was a campaign contributor, then from victims who were dissatisfied with an initial plea deal that was rejected by Judge Reese for being too lenient.

Reed said the plea in abeyance agreement was made at the behest of investors, who hoped that Marc Jenson would make good on his promises to repay what they lost.

"It's been an excruciating journey for the victims," Reed said. "(Jenson paid) not a penny, not a nickel, not a bad check. He thumbed his nose at them. … It's just been egregious and unspeakable."

In the meantime, he said MArc Jenson has been living in homes in Idaho and California that are valued in the millions of dollars and staying for months at a time in hotels with $900-a-night price tags.

"So, saying he doesn't have very much money doesn't strike a chord for me in the least," Reed said.

The prosecutor has been disappointed with Jenson and his behavior in the prior case "from the get-go" and declined to go into detail on the new case, but said the court documents largely "speak for themselves." He noted that the judge in the new case must have agreed, because he issued a no bail warrant.

When he is sentenced in the 2005 case, Jenson could face up to five years in prison on each of the three counts.

"I imagine we'll ask for a lengthy term of incarceration," Reed said.

Marc Jenson's defense attorney, Greg Skordas, said his client is a victim of the economy — especially the housing market — and would have sold property to repay investors if the market would have been better.

"Housing and property values plummeted and people suffered and investors suffered and Marc's done the best he can to make it right," Skordas said. "There are a lot of unforeseen circumstances."

He said he and his client were "blindsided" by the new charges, especially considering the fact that they include activity from 2007 and 2008.

"It's not new conduct — there's nothing in the new charges from
the last two years," Skordas said.

As for the order to put Marc Jenson in jail pending sentencing, Skordas said Reese made the decision after an attempt on his client's part to sell a home in Idaho fell through.

"I know Marc thought he was doing the best he could to make the restitution," Skordas said.

jman
09-12-2011, 05:24 PM
wow!

"make the best he could to make the restitution". yeaahhh....sure he was.