Monthly Archives: October 2015

That’s right!  11 and 13 Golden Bench are on the market together for less than an original single unit. These 1 and 2 BR town homes come fully furnished, each with a hot tub and single car garage.  Ski lockers are located at the covered entry porch, adjacent to the ski trail leading to the Tamarack Express Chairlift.   Great opportunity for investment to rent out the entire duplex or save one side for yourself.  Check out the photos below and click on these links for more details:

13 Golden Bar Court

11 Golden Bar Court

13 Golden Bench Back 001_Front of Home




October 23rd, 2015.  If the temps can stay low for consecutive days, perhaps we can get some accumulation!  Slated opening day is December 11th….unless mother nature can assist sooner!!!




001_110 Pinnacle Ct 005_Extensive PatioWell designed custom estate home in Tamarack Resort. Featuring two suites on the main level, and two guest rooms with a large bonus room plus a loft upstairs. The main living area showcases a wood burning fireplace, plenty of seating, and opens into a dining area and custom kitchen for easy entertaining. Additional features include radiant floors in the kitchen and master bathroom, gas fireplace in master bedroom, and AC throughout the house. The oversized attached 2 car garage leads into a spacious mudroom with plenty of room for the ski’s and includes a boot warmer. Enjoy direct access from this home to the Lower Pinnacle Trail System leading to the Poma Ski Lift. The large paver patio sits just off the living and kitchen for excellent outdoor living. Enjoy the built in fire pit and listen to the sounds of Poisson Creek that borders this property.  For more photos and details, check out the virtual tour:  110 Pinnacle Virtual Tour


036_Main Level LivingThis 3BR/3.5 BA 1,926 SF townhome is situated within the popular Trillium Neighborhood in Tamarack Resort. With 11 transaction already in this area in the past 10 months, don’t miss out on this next opportunity! Featuring chiseled edge granite counters and kitchen island, dark trim and cabinetry, stainless steel appliances and dark hardwood flooring. Two decks off of the main level, with two flights of stairs from the back deck to access both lower patio and an upper level outdoor living area. Heat pump installed for air conditioning, single car attached garage, vaulted ceilings with great sunlight exposure, and quick walk to the Lower Encore Ski Run. Sold fully furnished.  Check out the virtual tour to see this well appointed home:108 Golden Bar

Good news for the TMA regarding the judge’s ruling on the golf course litigation.  Summary below provided by the Tamarack Municipal Association on October 2, 2015:

Bryant/RSPT vs TMA

On August 4, 2015, the court heard arguments on summary judgment motions. Summary judgment means that the facts are so clear that the judge can decide parts of the case on briefs and affidavits without a trial.

The decision in Bryant/RSPT vs TMA was issued by Judge Winmill on September 30, 2015, on the pending motions.

In summary, TMA prevailed on most issues, and even on the issues where TMA was not given summary judgment in its favor, TMA is in a better position if the matter proceeds to trial. Significantly, TMA is not liable for the approximately $700,000 in annual rent. TMA is not liable for WMG’s property taxes. TMA may be able to prove to a jury that Bryant was enriched by TMA’s stewardship of the golf course. TMA may be able to convince a jury to award Municipal Assessments for some periods when TMA was not a WMG tenant.

Bryant/RSPT made three claims in the complaint. Count 1 was for breach of the holdover lease that charged TMA over $700,000 a year. Bryant moved for judgment in favor of this count. That motion was denied. TMA moved to dismiss this count. TMA’s motion on this count was granted, the court finding that RSPT and Bryant had no legal basis for creating a holdover lease. TMA does not owe rent from the time Bryant allegedly imposed a holdover lease.

Count 2 was for breach of the lease between TMA and WMG, which Bryant alleged she was entitled to enforce based on her allegation that the lease required TMA to pay property taxes. Bryant moved for summary judgment in her favor on this count, and it was denied. TMA moved to have this count dismissed, and TMA’s motion was granted, the court finding that the lease did not require TMA to pay property taxes and TMA did not breach the lease it had with WMG. TMA therefore is not required to reimburse Bryant for WMG’s property taxes.

Count 3 is Bryant/RSPT’s claim for unjust enrichment. Bryant moved for summary judgment in her favor on this count, and this motion was denied. TMA moved to dismiss Count 3, and TMA’s motion was also denied, meaning that the facts needed to reach a decision are not clear enough for a disposition without a jury trial. Accordingly, Count 3 will proceed to a jury trial, unless settled. The court limited Bryant’s unjust enrichment claim to the period after Bryant terminated the leases – after November 1, 2014.

TMA counterclaimed for unjust enrichment on grounds that RSPT enjoyed the fruits of TMA’s stewardship, including TMA’s $48,000/year support for LOMA since 2009. Bryant moved to dismiss TMA’s unjust enrichment claim, and the court denied this motion. TMA’s claim for unjust enrichment will proceed to trial unless settled.

TMA’s second counterclaim was for unpaid municipal assessments, on grounds that Bryant is WMG’s assign and therefore liable for WMG’s unpaid assessments for any WMG properties during times when TMA was not a tenant. Bryant moved to dismiss this counterclaim, and this motion was also denied, and unless settled, this claim will also proceed to trial.

Bryant also asked the court to extend the time for obtaining an expert to provide testimony about the market value of TMA’s lease, and the Judge denied RSPT’s request to obtain its own valuation expert.