Wednesday, October 23, 2013

Suit fails to keep Elkhorn course private

Some resort guests can get tee times

Express Staff Writer

    Two Ketchum couples who filed a lawsuit against Sun Valley Co. last year have lost their bid to keep the Elkhorn golf course a members-only club.
    Shortly after Sun Valley Co. bought the private club in July 2011, it informed club members that it would open the course to guests at the Sun Valley Lodge.
    Harold and Penelope Coe and Alan and Wendy Pesky filed the class-action suit in 5th District Court in May 2012 on behalf of Elkhorn Golf Club members. The suit contended that Sun Valley Co. was bound by the club’s membership agreement.
    Sun Valley’s attorney, Gary Slette, acknowledged in an interview that the agreement contained a provision that it would be binding on any future owners of the golf course. However, he said Judge Robert Elgee stated in a ruling on an earlier motion for summary judgment that reserving six tee times per day for Lodge guests was consistent with the membership plan.
    Slette said that after two summary judgment rulings favorable to Sun Valley Co., one of the plaintiffs’ claims remained unresolved, but the parties agreed to dismiss the case with neither side to collect attorney fees.
    “Sun Valley Co. was pleased with the conclusion of the case,” he said.
    Neither the plaintiffs nor their attorney could be reached for comment.
Greg Moore:

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