Northstar Parking Lawsuit

Case 3:19-cv-00728-RCJ-WGC Document 1 Filed 12/06/19 Page 1 of 22
1. Steven E. Kroll, Esq.

2.
Nevada Bar #4309
550 Gonowabie Rd. Box 8
3.
Crystal Bay, Nv 89402
4. KrollLaw@mac.com
Tel. 775-410-9715
5.
6. Attorney for Plaintiffs
7.
8.
9.
10.
UNITED STATES DISTRICT COURT
11. DISTRICT OF NEVADA
12.
13. RONALD L. CODE and STEVEN E. Case No.

14.
KROLL,
Plaintiffs, Complaint for Damages and
15.
vs. Equitable Relief
16.
and
VAIL RESORTS, INC.,
17. JURY DEMAND 
18. Defendant.
19.
20.
Come now Plaintiffs RONALD L. CODE and STEVEN E. KROLL, by and
21.
through their attorney undersigned, and for their Complaint against the Defen-
P.O. Box 8 • Crystal Bay, NV 89402
Steven E. Kroll • Attorney at Law
22.
eMail: KrollLaw@mac.com
dant above-captioned, allege and aver as follows:

23.
Tel: 775-410-9715
24. Jurisdictional Allegations

25.
1. This is an action for money damages and equitable relief arising from
26.
Fraud and Breach of Contract. The matter in controversy exceeds the sum or
27.
value of $75,000 exclusive of interest and costs, and is between citizens of differ-
28.
29.
Complaint for Damages and Other Relief, Page 1 of 22
1. ent States; and this Court has jurisdiction under 28 U.S.C. §1332(a)(1). Venue is
2. proper in this district pursuant to 29 U.S.C. §1132(e)(2) and 28 U.S.C. §1391(b)(2).
3.
The Parties
4.
2. Plaintiffs RONALD L. CODE, age 77, and STEVEN E. KROLL, age 79,
5.
6.
are long-time residents and citizens of the Village of Crystal Bay, State of Nevada,
7. United States of America. They are sometimes referred to as BUYERS or LI-
8. CENSEES herein.
9. 3. Defendant VAIL RESORTS, INC. is a multi-billion dollar holding com-
10. pany incorporated in the State of Colorado operating mountain resort properties
11.
and urban ski areas across the United States. It owns the NORTHSTAR CALI-
12.
FORNIA Ski Resort near Truckee, California, subject of the instant lawsuit, and
13.
Heavenly Valley Ski Resort located in both Nevada and California at the South of
14.
Lake Tahoe. Defendant VAIL RESORTS, INC. is sometimes referred to herein as
15.
VAIL, VAIL RESORTS, RESORTS, NORTHSTAR, or SELLER.
16.
17. First Cause of Action:

18. In Equity, for Breach of Contract and Specific Performance
19.
4. Plaintiff RONALD CODE has been skiing at the Northstar Ski Resort
20.
21. since the early 1970s and has purchased one form or another of the Northstar
22.
Season Pass for each of the last 20 years. On April 15, 2019 he responded to one
23.
Tel: 775-410-9715
24. of Defendant VAIL RESORTS, INC’s many emails inviting him to renew his 2018-
25.
19 Northstar Pass. Rather than renewing the special Military Epic Pass he had
26.
27. tried in 2018 as a former U.S. Army officer, Plaintiff CODE instead purchased the
28.
29.
1. less expensive Senior Tahoe Value Pass which he had bought in the four years
2.
before the Military Pass.
3.
4. (a) Plaintiff CODE’s $49 down payment on April 15, 2019 and com-
5. mitment to pay the balance of $380 on September 13, 2019 constituted an
6. acceptance of Defendant’s invitation to purchase the Senior Tahoe Value
7.
Pass for 2019-2020, and Plaintiff RONALD L. CODE has now fully per-
8.
formed the contract so formed.
9.
5. Plaintiff STEVEN E. KROLL learned to ski in 1982 when he moved
10.
11. permanently to Lake Tahoe’s North Shore, and for the past more than 20 years
12.
KROLL has annually renewed his Northstar Season Pass. On April 13, 2019
13.
14. KROLL accepted one of Defendant VAIL’s many emailed invitations to renew for
15.
another year, clicking a web link in Defendant’s eMail to complete that process.
16.
17. Plaintiff STEVEN KROLL has fully performed his part of the contract thus
18.
formed.
19.
20.
6. Issuance by Defendant VAIL RESORTS, INC. of its Senior Tahoe Value
21.
Pass and its predecessor season passes to Plaintiffs CODE and KROLL constitut-
22.
ed a legally binding License to enter and use the SELLER’s real property for the
23.
Tel: 775-410-9715
24. purposes both stated expressly in writing and those presumed to have been giv-
25.
en from the prior acts of the party authorized to give it.
26.
27. (a) Plaintiffs’ said License is Express in the form of the plastic
28. photo Pass itself; and in the bare-bones description on the pass issuer’s
29.
1. written Summary of the purchase reading: “This pass is valid for the en-
2. tire 2019/2020 ski season (Late October 2019-early May 2020)”, and advis-
3.
ing further that “if you are a renewing pass holder and have an existing
4.
valid season pass … [y]our new pass will be automatically loaded onto
5.
your existing season pass.”
6.
(b) Plaintiffs’ License is also Implied in the many unwritten ele-
7.
8.
ments of the amenities which are and have been for decades inseparable
9. parts of the Northstar skiing experience, offered both to the holders of Day
10. Passes and Season Passes alike, all of whom have been welcomed upon
11. the owner’s land by specific invitation to do some act or acts to the mutual
12. advantage of both the licensee and the owner.
13.
7. Included in the unwritten but implied portions of Defendant’s
14.
15. 2019-2020 Ski Pass for its Northstar resort are the following, among others:
16.
(a) Admission to the geography of the Mountain itself, a ma-
17.
jestic layout of acres of free parking easily accessing free and rapid ski
18.
lifts to the magnificent views and admirably groomed slopes at the top,
19.
all perfectly suited to the intermediate skills of both Plaintiffs, whose
20.
decades of skiing at Northstar gave them a familiarity with and love
21.
for the best runs and other attractions;
22.
23. (b) Availability once on the property of many opportunities

Tel: 775-410-9715
24. besides skiing, including vendors of food and services, schools and
25. private instructors for learners, social gatherings, and all other manner
26.
of services associated with a popular ski resort;
27.
28.
29.
1. (c) The Northstar owners recognized and appreciated their

2. skiers aged 65 and over with a special lower Senior rate which includ-
3.
ed skiing at Defendant’s Heavenly Valley Resort with its Nevada ac-
4.
cess;
5.
(d) Of special importance to Plaintiffs is Northstar’s location
6.
just 15 minutes away by car from their homes in Crystal Bay;
7.
8. (e) The fastest and most direct access to and from Northstar’s
9. slopes is from its Home Run parking area adjacent to a gondola to the
10. Ritz Carlton Hotel at the top of that hill and available to Season Pass
11.
holders without further charge;
12.
(f) Over their many years of enjoying the Northstar Ski Pass,
13.
Plaintiffs have established a routine of arriving at the Resort before
14.
8:00 AM, easily finding parking within a block or so of the Gondola,
15.
16.
and then enjoying coffee at the Ritz Carlton as they wait for North-
17. star’s lifts to start running at 8:30 AM, and positioning themselves in
18. line to be first on the slopes.

19.
8. Unbeknownst to Plaintiffs when they purchased their Northstar Ski
20.
Pass in mid-April of 2019 as aforesaid, Defendant VAIL RESORTS, INC. had se-
21.
22. cretly discussed adopting, or had at that point actually already adopted, a sweep-
23.
Tel: 775-410-9715
ing physical reconfiguration of their Northstar facility which would profoundly

24.
25. and fundamentally change for the worse the Northstar Ski Pass experience.
26.
(a) In particular, with the sole purpose of generating millions of
27.
dollars of increased revenue for its shareholders, VAIL RESORTS, INC. in-
28.
29.
1. tended to monetize the previously free parking with charges of $10 per
2. weekday and $20 on weekends, exiling the Resort’s only free parking to
3.
the vast and hilly Castle Peak parking area serviced by busses and trollies
4.
more than two miles below the Northstar Village;
5.
(b) The full impact of this change went far beyond a mere parking
6.
realignment. It funneled SELLER’s clientele who used the free Castle Peak
7.
8.
parking through the entire Village by foot before reaching the gondolas
9. that would take them to the ski lifts themselves, forcing them past the
10. many shops, restaurants, movie theater and ice skating rink intending
11. thereby to generate substantial additional revenues for its tenants and it-
12. self.;
13.
(c) In a show of consciousness of guilt, VAIL RESORTS, INC. tried
14.
to cover up its pure profit motive for making these changes by pretending
15.
it was acting only out of civic duty to improve traffic flow on Northstar
16.
Drive, a public road, and “ultimately improving the guest experience.”
17.
18. 9. Had VAIL RESORTS, INC. notified Plaintiffs CODE and KROLL of this
19.
prospective change, Plaintiffs would not have purchased the 2019-2020 Northstar
20.
21. Ski Pass and would have had time to take advantage of early lower rates and lo-
22.
cals’ incentives at competing ski resorts, thereby locking in their skiing expecta-
23.
Tel: 775-410-9715
24.
tions with the next best option.
25.
10. But Defendant VAIL did not inform the Plaintiffs of its new plans, and
26.
Plaintiffs proceeded in good faith to pay their money and purchase the 2019-2020
27.
28. Senior Tahoe Value Pass, rightfully expecting it to duplicate their years of previ-
29.
1. ous renewals. This meant looking forward not just to the pleasures of the Pass
2.
itself, but to a personal physical and emotional renewal as well, where the bur-
3.
4. dens of age are somehow minimized, and Plaintiffs CODE and KROLL miracu-
5.
lously become 19 again for a few brief moments in time, and all’s right with the
6.
7. world.
8.
11. Months after the mid-April 2019 purchase of his Northstar Season
9.
10.
Pass, Plaintiff RON CODE heard a vague rumor of Defendant VAIL RESORTS’
11.
possible upheaval of his expectations and on October 8, 2019 wrote a “say it ain’t
12.
so” email to the General Manager of the Northstar Ski Resort, pleading with her
13.
14. “to refute a rumor that I have been hearing to the effect that the Home Run park-
15.
ing area will become reserved for paid parking and thus inaccessible to me and
16.
17. my local friends who come especially early in order to avoid long walks and/or
18.
awkward bus transfers, … one of the reasons I am able to continue to ski at my
19.
20. age (77)”.

21.
12. Defendant VAIL’s agent DEIRDRA WALSH did not refute the rumor
22.
23. but instead confirmed it by return eMail dated October 10, 2019 and addressed
Tel: 775-410-9715
24.
“Hi Ron”, thanking him for his “valued feedback” and describing the breathtak-
25.
26.
ing reformation of both the geography of the entire Resort and the valid and le-
27.
gal contract for Plaintiff CODE’s use thereof as hereinabove alleged. “Please
28.
29.
1. note”, she added gratuitously, “season passes are non-refundable and non-trans-
2.
ferable and cannot be cancelled.”
3.
4. 13. Implementation of NORTHSTAR’s new paid parking plan forces

5.
Plaintiffs CODE and KROLL into making one of the following impossible choic-
6.
7. es, thereby materially breaching LICENSEES’ legal rights:
8.
(a) If Plaintiffs were to get what they had paid $429 to enjoy with their
9.
Senior Tahoe Value Pass, they would now have to add more than $2,000 to
10.
that tab if they skied their entitled six days a week, and thereby capitulate to
11.
Defendant VAIL RESORTS, INC.’s fraudulent bait-and-switch sale here; or
12.
13. (b) If Plaintiffs could not afford or refused to accept the fraudulently
14. imposed paid parking at the Home Run lot, they would now be compelled to
15. park in the free Castle Peak lot more than two miles away, which forces them
16. to descend one or more long slotted-steel stairways in heavy, clumsy ski boots
17.
while bearing their skis and any other equipment to reach the Castle Peak bus
18.
loading areas. Once there, Plaintiffs CODE and KROLL would be joining
19.
other expectant skiers so burdened to wait in line in the cold and potentially
20.
pounding snow before negotiating the narrow stairs and aisle of a crowded
21.
bus and slowly driven to the entrance of the Northstar Village where they are
22.
let off. The riders are then compelled to proceed by foot to the Gondola at the
23.
Tel: 775-410-9715
24.
end of a seemingly endless shop-filled path, whereupon further waiting takes
25. place before Plaintiffs can enter the 6-passenger cabins of the Gondola con-
26. veying them to mid-Mountain where entry to the lifts with their own long
27. lines finally get them to the actual skiing part.
28.
29.
1. (1) This ugly process is repeated for the return trip to Plain-
2. tiffs’ vehicle when Plaintiffs would be thoroughly exhausted, except this
3.
time they must climb rather than descend those long and dangerous metal
4.
stairways before reaching their vehicles.
5.
14. Defendant VAIL RESORTS, INC. well understood that its many eMails
6.
7. inviting Plaintiffs to renew their 2018-2019 Northstar Season Pass without dis-
8.
closing Defendant’s intention to monetize the previously free parking would
9.
10. fundamentally alter the scope of its License. Said Defendant also knew that fail-
11.
ure to disclose that fact was a breach of legal duty and wrong, yet it persisted
12.
13. anyway, for the fraudulent purpose of having Plaintiffs rely thereupon and pur-
14.
chase a product they would not have done had they known the truth.
15.
16.
(a) Defendant VAIL’s oft-used means of communicating directly with
17. Plaintiffs is by eMail, but in all the many such eMails both before and after
18. they purchased their Passes VAIL RESORTS, INC. has been fraudulently
19. silent on the existence of the new parking plan, waiting until November 29,
20. 2019 and NORTHSTAR’s actual opening before Season Pass holders were
21.
given such actual notice
22.
(b) Only after Plaintiffs had completed payment of their balance on that
23.
Tel: 775-410-9715
Pass in mid-September of 2019 did Defendant VAIL RESORTS, INC. invoke

24.
its Terms and Conditions to publicly announce the paid parking plan on its
25.
26.
website on or about October 24, 2019, where Defendant knew Plaintiffs and
27. other Pass Holders had no reason to look.
28.
29.
1. (1) Plaintiffs are informed and believe and thereon allege

2. that the purpose in Defendant VAIL RESORTS, INC.’s attempt to hide un-
3.
til the last minute announcement of its dramatic alterations in the North-
4.
star experience was to cheat Season Pass holders out of whatever price
5.
they had paid for those Passes with their absolute “No Refunds” policy,
6.
and to prevent or impede as a practical matter any dissatisfied customer
7.
from challenging this breach of contract in court.
8.
9. 15. It is not a refund or a cancellation of their contract with SELLER that
10.
Plaintiffs CODE and KROLL seek herein, but strict enforcement thereof and the
11.
12.
full benefit of their bargain.
13.
16. Defendant claims that, government restrictions aside, it owns the
14.
Northstar property and can do what it wants with it; and Plaintiffs do not contest
15.
16. that. But NORTHSTAR cannot do it retroactively. Once it conveys that property
17.
to another, or licenses its use in exchange for the payment of money by another,
18.
19. NORTHSTAR’s proprietary rights are lost or modified, and Defendant knows
20.
this but has refused Plaintiffs’ demand to issue them the free parking pass for the
21.
2019-2020 Ski Season which would make them whole, and has instead forced
22.
23.
Tel: 775-410-9715
them to seek legal counsel and incur substantial out-of-pocket costs to obtain jus-
24.
25. tice herein.
26.
17. Plaintiffs also concede that if Defendant VAIL RESORTS, INC. wants
27.
28.
to peel off certain particularly appealing elements of the Northstar Season Pass
29.
1. experience and monetize them — perhaps the fast lifts over the slow ones; or the
2.
groomed slopes over the ungroomed; or access to the backside of the mountain
3.
4. for an additional charge; or make customers pay for its now “Complimentary
5.
Shuttle” from the Castle Peak parking area; or demanding stiff new fees for what
6.
7. had always been free, such as to parking close to the Village as here — Defendant
8.
can do that. But such drastic alterations can only be done with advance notice,
9.
10.
not retroactively, so that Plaintiffs and the rest of the public have an opportunity
11.
to opt out and go elsewhere. Defendant VAIL RESORTS, INC. deliberately and
12.
fraudulently withheld such notice in this case and may not profit from such per-
13.
14. fidy.
15.
18. Monetary damages for Defendant VAIL’s breach of this contract
16.
17. would be wholly inadequate to compensate Plaintiffs for their losses here. The
18.
uniqueness of SELLER’s property and Plaintiffs’ many years of familiarizing
19.
20. themselves with the best and worst parts thereof; the advanced age of Plaintiffs
21.
CODE and KROLL herein; invaluable time lost if there is delay now that the Re-
22.
23. sort is open for skiing; and the inherent nature of the License by Invitation which
Tel: 775-410-9715
24.
Defendant VAIL RESORTS, INC. sold, and Plaintiff CODE and Plaintiff KROLL
25.
26.
bought in good faith in mid-April 2019, make compelling Specific Performance of
27.
that agreement the only just remedy for its material breach by Defendant.
28.
29.
1. 19. Plaintiffs are entitled to an order for the Specific Performance of the
2.
License and issuance of no-cost parking passes to Plaintiffs as quickly as possible,
3.
4. and they invoke in addition to the inherent equitable powers of this Court any
5.
formal rule or custom that may apply for the advancement of this case on the
6.
7. calendar and an order fast-tracking its hearing and final resolution.
8.
Second Cause of Action: Common Law Fraud
9.
10. 20. Plaintiffs repeat the allegations contained in the First Cause of Action
11.
and by this reference incorporate the same herein as though fully set forth.
12.
13. 21. Defendant VAIL RESORTS, INC.’s fraud in selling Plaintiffs’ their
14.
2019-2020 Season Pass as abovesaid is only one strand in a much larger web of
15.
16. deceit, deception, and outright lies which this Defendant has carefully construct-
17.
ed to exculpate itself from every conceivable wrongdoing committed now or in
18.
the future. Using its alleged “Terms and Conditions” and the Internet as its main
19.
20. instruments in this massive fraud, Defendant VAIL RESORTS and its partners
21.
and affiliates believe they have created a means to effectively protect themselves
22.
23. from any legal challenge whatsoever, including this one, in defiance of the very
Tel: 775-410-9715
24.
premise of law and order.
25.
26. 22. In more particular, Defendant VAIL RESORTS, INC. has appropriated
27.
and subverted the World Wide Web for its own wrongful purposes, compelling
28.
29.
1. every person making any purchase of any kind at or for its NORTHSTAR facility
2.
to do so over the Web, and by so doing unknowingly consent to allegedly bind-
3.
4. ing “Terms and Conditions” not written with ink upon numbered pages, but
5.
upon the weak and shifting sands of the Internet. SELLER’s terms are declared
6.
7. subject to change unilaterally and without advance notice or consent at any time
8.
at its sole discretion; and they culminate in a fireworks of seven separate sections
9.
10.
purporting to waive and exculpate VAIL RESORTS and unnamed and unknown
11.
partners and associates of theirs from any wrongdoing, negligent or intentional,
12.
with which they might be charged in the future.
13.
14. 23. Because Defendant VAIL RESORTS, INC. and “its affiliates” “reserve
15.
the right at our discretion to change, modify, add, or remove portions of these
16.
17. Terms of Use themselves”, and direct Plaintiffs and other Season Pass holders to
18.
“check the Terms of Use periodically for changes,” it is necessary in this lawsuit
19.
20. to identify all quotations therefrom herein to be from those downloaded by

21.
Plaintiff KROLL on November 2, 2019, since Defendant may answer this Com-
22.
23. plaint or other Court filings with quoted Terms that are different.
Tel: 775-410-9715
24.
24. The fraudulent manipulation of the World Wide Web and VAIL RE-
25.
26.
SORTS, INC.’s own exclusive power to make and change the rules include, with-
27.
28.
29.
1. out limitation, the following shocking and unconscionable provisions among

2.
others:
3.
4. (a) Under the heading “Modifications to Terms of Use”, Defen-

5. dant VAIL asserts that “Modifications become effective immediately
6. upon being posted on the Site without further notice to you. Your con-
7.
tinued use of our Sites following the posting of changes to the Terms of
8.
Use will mean you accept those changes.”
9.
(1) Purporting to secure an act of legal acceptance from
10.
BUYERS’ ignorance of SELLER’s change, and then forcing them to
11.
use SELLER’s site to discover any such change which act, according
12.
13.
to the Terms of Use, would then “mean you accept those changes”,
14. is truly diabolical and makes a mockery of the meaning of consent
15. and the sanctity of contracts.

16. (b) Under the heading “Vail Resorts Content”, Defendant delib-
17.
erately suppresses the ability through its algorithms and Terms of Use
18.
to capture a hard copy of the complete content that is displayed on
19.
screen to those accessing any of this Defendants web sites, granting
20.
only “permission and license to lawfully access and use these Sites and
21.
to display, print, or download one copy of the Vail Resorts Content on
22.
any single computer.”

23.
Tel: 775-410-9715
24. (1) Efforts by Plaintiffs herein to print out various pages
25. of NORTHSTAR’s eMails or VAIL RESORTS, INC. web-pages to

26. attach as Exhibits to this Complaint have resulted in large areas of
27.
28.
29.
1. blank space, rendering them useless as proof of any fact, as intend-

2. ed by Defendant.
3.
(c) Under the heading titled “Conduct”, Defendant makes
4.
Plaintiffs “agree to not use the Sites to … harm minors in any way”;
5.
and yet under the heading “Registration and Password Protection”,
6.
VAIL RESORTS, INC.’s own harm to minors is observed with the pro-
7.
vision that “You may not register on our sites or open an account if you
8.
9.
are under the age of 13”. This is far below the age required to make
10. minors contractually responsible and therefore repugnant to Plaintiffs,
11. demonstrating the internal inconsistency and hypocrisy of Defendant’s

12. Terms and Conditions.
13.
(1) In no State of the Union is the legal age of consent
14.
below 16 years old.
15.
(d) Under the heading “Third Party Sites” Defendant VAIL RE-
16.
SORTS, INC. reports that “Our Sites may contain links to websites op-
17.
erated by other entities. If you decide to visit any linked site, you do
18.
19.
so at your own risk and it is your responsibility to take all protective
20. measures to guard against viruses or other destructive elements. Third
21. party websites are not bound by these Terms of Use or by Vail Resorts’
Privacy Policy.”
22.
23.
Tel: 775-410-9715
(1) This dire warning is rendered meaningless by De-

24.
fendant’s failure and deliberate refusal to identify these third party
25.
sites or say which of them is and which is not “operated by other
26.
entities,” thereby placing complete responsibility for any “destruc-
27.
tive elements” upon those who are powerless to prevent that, while
28.
29.
1. abdicating the responsibility that is within VAIL RESORTS, INC.’s

2. sole control to exert, in contravention of both common sense and
3.
good public policy.
4.
(e) The heading “Limitation of Liability” is the heart of VAIL
5.
RESORTS, INC.’s fraudulent scheme in its attempt to harness the legal
6.
system to ends never contemplated by the Founding Fathers or English
7.
Common Law. They disclaim liability “for any losses and expenses of
8.
9.
whatever nature and howsoever arising… arising out of or in connec-
10. tion with the use of the sites or any web site with which they are
11. linked”, adding: “This limitation of liability applies whether the al-
12. leged liability is based on contract, negligence, tort, strict liability or
13. any other basis,” an assertion that would undermine the entire legal
14.
system if not struck down as unenforceable by this Court.
15.
25. Defendant VAIL RESORT’s expansive understanding of its rights has
16.
17. emboldened it to redefine the English language itself in order to cover up its false
18.
narrative of “alternative facts” in the case at bar, where “Renew” in Plaintiffs’ Se-
19.
20.
nior Tahoe Ski Pass does not mean to begin again, but rather to begin something
21.
entirely new and ugly; where giving “Notice” to NORTHSTAR requires Plaintiffs
22.
to communicate directly by eMail, but “modifications” to this Defendant’s Terms

23.
Tel: 775-410-9715
24. and Conditions “become effective immediately upon being posted on the Site
25.
without further notice to you”, and accessing that Site for any reason, including
26.
27. to see if any changes have been made in the Conditions, “will mean you accept
28.
29.
1. those changes”; where Plaintiff RONALD CODE’s October 8, 2019 eMail to

2.
NORTHSTAR angrily threatening a lawsuit “if my skiing situation has suddenly
3.
4. and without notice changed” is met on October 10, 2019 by NORTHSTAR thank-
5.
ing “Ron” for his “valued feedback” which was clearly not feedback but threat.
6.
7. (1) Unbeknownst to Plaintiff CODE, “Feedback” is also one of
8. Defendant’s Terms and Conditions, providing that “Your submission of

9. Feedback will constitute an assignment to us of rights, title and interests in
10. your Feedback” which can be changed and “exploited” in any way VAIL RE-
11.
SORTS, INC. desires, thus fraudulently appropriating ownership of this
12.
Plaintiff’s words and twisting his actual complaint to its own benefit, tram-
13.
pling upon his privacy rights in the process.
14.
26. Defendant VAIL RESORTS, INC.’s most dangerous attempt to make
15.
16. perfectly clear English words ambiguous or even meaningless is with the one
17.
most central to a lawful agreement between or among people: the word
18.
19. “consent.” Allowing the meaning of this word to be fuzzy in any way carries
20.
ramifications far beyond the snowy slopes of the Sierras, to threaten fundamental
21.
American values in both business and more intimate interpersonal relationships

22.
23.
Tel: 775-410-9715
everywhere. This is a word that must not be treated casually in our society, but
24.
25. with deadly seriousness.
26.
(a) Consent is defined by Black’s Law Dictionary 5th Edition as a “vol-
27.
untary agreement by a person in the possession and exercise of sufficient
28.
29.
1. mental capacity to make an intelligent choice to do something proposed by

2. another”, and “is implied in every agreement.”
3.
(b) The opening paragraph of VAIL’s Terms and Conditions makes clear
4.
that “By using any of our Sites, you agree to these Terms of Use. If you do not
5.
agree to these Terms of Use, you should not use our Sites or the services we
6.
provide on them.”
7.
8. (c) It is impossible to read the quoted words without having entered

9. Defendant VAIL RESORTS, INC.’s Site to do so. Thus, the act of reading
10. those Terms has already committed the reader to be bound by them, a fraud
11.
of the first order.
12.
(d) Defendant attempts to imply Plaintiffs’ consent to anything it desires,
13.
not by direct unambiguous words but by inference from certain signs or ac-
14.
tions or inactions or silence, all of which are involuntary and usually un-
15.
16.
knowing, and none of which reflect Plaintiffs’ true intentions and beliefs here-
17. in. Such attempts undermine the very concept of knowing and intelligent as-
18. sent and consent and must be stricken down as unconscionable and unen-
19. forceable.
20.
(e) Based on information and belief, Plaintiffs allege that no reasonable
21.
person will actually read these Terms and Conditions because they know they
22.
cannot change or question anything, and so they close their eyes and declare
23.
Tel: 775-410-9715
that they have read the rules when they have not, and that they agree to them
24.
when they do not, in a grotesque violation of personal conscience and subver-
25.
26.
sion of the law which no court can condone.
27. (1) Plaintiffs’ and the Public’s submission to such demands can not
28. be deemed valid consent thereto under the law.
29.
1. 27. The acts of Defendant VAIL RESORTS, INC. alleged herein make a
2.
mockery of the sanctity of contracts and the rule of law. They promote lying as
3.
4. not only acceptable but expected conduct. They render the certainty of facts and
5.
the centrality of truth in establishing justice something that is open to interpreta-
6.
7. tion, which is an invitation to anarchy. And such conduct effectively elevates De-
8.
fendant VAIL RESORTS, INC. to be above the law and immune from responsibil-
9.
10.
ity for the consequences of its actions, a profound violation of the fundamental
11.
American premise that no one is above the law. All of these things are shocking
12.
to the conscience, unacceptable, and therefore legally unenforceable.
13.
14. 28. Alternatively or additionally, Defendant VAIL RESORTS, INC.’s Terms

15.
and Conditions are unenforceable under the Law of Contracts as illusory.
16.
17. (a) In addition to the multiple one-sided Conditions alleged above, the
18. paragraph titled “Terminating Permission to Use Our Sites” states that “VAIL
19.
RESORTS may terminate these Terms of Use or your access to the Sites (in
20.
whole or in part) at any time if you violate these Terms of Use in any way,”
21.
which as a practical matter effectively leaves all of SELLER’s performance op-
22.
tional or entirely within its discretion, pleasure, and control to perform, and
23.
Tel: 775-410-9715
any contract based thereon is therefore illusory and unenforceable.

24.
25. 29. Defendant VAIL RESORTS, INC.’s many and continuing acts of fraud
26.
against Plaintiffs RONALD L. CODE and STEVEN E. KROLL as hereinabove al-
27.
28.
leged have caused them financial loss; anxiety, frustration, anger and other mani-
29.
1. festations of emotional distress; deprivation of opportunity to mitigate their

2.
damages by going elsewhere; and other injuries and damages in a sum in excess
3.
4. of $200,000 each.
5.
30. The actions of Defendant VAIL RESORTS, INC. alleged herein were
6.
7. deliberate and long planned to separate Plaintiffs and the general public from
8.
their money using dishonest information and fraudulent means, entitling Plain-
9.
10.
tiffs to Punitive and Exemplary damages sufficient to punish this Defendant and
11.
make an example of what can happen to other mega-corporations or individuals
12.
who violate the principals of honesty and fair dealing amongst people.
13.
14. (a) On October 19, 2019 Defendant VAIL RESORTS, INC., listed on
15.
the New York Stock Exchange as MTN, had 40.3 million shares outstand-
16.
ing with a market cap of 9.4 billion dollars. In the year between December
17.
3, 2018 and January 17, 2019, MTN stock rose more than $100 a share to
18.
$286.40.
19.
20.
(b) Plaintiffs will ask the Jury to assess Punitive Damages in an
21. amount sufficient to serve its purpose of stopping fraud dead in its tracks,
and to signal a warning to other corporations or individuals of the conse-

22.
23. quences of fraudulent or illegal business practices in this country.

Tel: 775-410-9715
24.
25.
26.
27.
28.
29.
1. WHEREFORE, Plaintiffs pray the Court to enter judgment for Plaintiffs and
2. otherwise enter an Order providing that:
3.
1. Defendant VAIL RESORTS, INC. specifically perform its
4.
obligation to provide Plaintiffs free parking at the Home Run park-
5.
ing area for the 2019-2020 ski season;
6.
2. All hearings and other actions required of the parties
7.
8.
herein be advanced on the calendar for swift resolution by this
9. Honorable Court, by reason of the Plaintiffs’ age and in order to
10. preserve what remains of a fleeting ski season;

11. 3. For a sum in excess of $200,000 for each Plaintiff to be de-
12. termined by a Jury as and for damages sustained as a result of De-
13.
fendant’s fraudulent conduct alleged in the Second Cause of Action
14.
herein;
15.
4. For punitive and exemplary damages in an amount de-
16.
termined by a Jury to be sufficient to deter Defendant VAIL RE-
17.
SORT, INC. from repeating its wrongful conduct in the future, and
18.
high enough to act as a meaningful warning to other giant corpora-
19.
20.
tions not to use their superior economic power to bully and de-
21. fraud their customers;

5. For such prejudgment interest as is allowed by law;

22.
23. 6. For the costs of litigation and any and all other reasonable
Tel: 775-410-9715
24. costs and damages permitted by law;

25.
7. For attorney’s fees for Plaintiffs’ counsel; and
26.
8. For such additional and further relief as this Honorable
27.
Court deems lawful, just and proper in the circumstances.
28.
29.
1. DATED at Crystal Bay, Nevada this 6th day of December, 2019.

2.
Respectfully submitted,
3.
4.
5. Steven E. Kroll
6. P.O. Box 8
Crystal Bay, Nevada 89402
7.
(775) 410-9715
8. KrollLaw@mac.com
10. Nevada Bar #4309
11.
12. Demand for Trial by Jury

13.
Plaintiffs RONALD L. CODE and STEVEN E. KROLL hereby respectfully
14.
15. demand Trial by Jury on all issues so triable by right herein.
16.
DATED at Crystal Bay, Nevada this 6th day of December, 2019.
17.
Respectfully submitted,
18.
19.
20. Steven E. Kroll

22.
23.
Tel: 775-410-9715
24.
25.
26.
27.
28.
29.

Northstar Parking Lawsuit

Încărcat de

Informații document

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Northstar Parking Lawsuit

Încărcat de

Drepturi de autor:

Formate disponibile

Case 3:19-cv-00728-RCJ-WGC Document 1 Filed 12/06/19 Page 1 of 22

1. Steven E. Kroll, Esq.

6. Attorney for Plaintiffs

13. RONALD L. CODE and STEVEN E. Case No.

dant above-captioned, allege and aver as follows:

24. Jurisdictional Allegations

7. United States of America. They are sometimes referred to as BUYERS or LI-

17. First Cause of Action:

23. (b) Availability once on the property of many opportunities

1. (c) The Northstar owners recognized and appreciated their

18. line to be first on the slopes.

ing physical reconfiguration of their Northstar facility which would profoundly

20. age (77)”.

4. 13. Implementation of NORTHSTAR’s new paid parking plan forces

7. es, thereby materially breaching LICENSEES’ legal rights:

Pass in mid-September of 2019 did Defendant VAIL RESORTS, INC. invoke

27. other Pass Holders had no reason to look.

1. (1) Plaintiffs are informed and believe and thereon allege

9. 15. It is not a refund or a cancellation of their contract with SELLER that

25. tice herein.

7. calendar and an order fast-tracking its hearing and final resolution.

20. to identify all quotations therefrom herein to be from those downloaded by

1. out limitation, the following shocking and unconscionable provisions among

4. (a) Under the heading “Modifications to Terms of Use”, Defen-

14. is truly diabolical and makes a mockery of the meaning of consent

15. and the sanctity of contracts.

any single computer.”

24. (1) Efforts by Plaintiffs herein to print out various pages

25. of NORTHSTAR’s eMails or VAIL RESORTS, INC. web-pages to

1. blank space, rendering them useless as proof of any fact, as intend-

10. minors contractually responsible and therefore repugnant to Plaintiffs,

11. demonstrating the internal inconsistency and hypocrisy of Defendant’s

20. measures to guard against viruses or other destructive elements. Third

(1) This dire warning is rendered meaningless by De-

1. abdicating the responsibility that is within VAIL RESORTS, INC.’s

to communicate directly by eMail, but “modifications” to this Defendant’s Terms

1. those changes”; where Plaintiff RONALD CODE’s October 8, 2019 eMail to

7. (1) Unbeknownst to Plaintiff CODE, “Feedback” is also one of

8. Defendant’s Terms and Conditions, providing that “Your submission of

American values in both business and more intimate interpersonal relationships

25. with deadly seriousness.

1. mental capacity to make an intelligent choice to do something proposed by

8. (c) It is impossible to read the quoted words without having entered

14. 28. Alternatively or additionally, Defendant VAIL RESORTS, INC.’s Terms

any contract based thereon is therefore illusory and unenforceable.

1. festations of emotional distress; deprivation of opportunity to mitigate their

and to signal a warning to other corporations or individuals of the conse-

23. quences of fraudulent or illegal business practices in this country.

9. Honorable Court, by reason of the Plaintiffs’ age and in order to

10. preserve what remains of a fleeting ski season;

21. fraud their customers;

5. For such prejudgment interest as is allowed by law;

24. costs and damages permitted by law;

1. DATED at Crystal Bay, Nevada this 6th day of December, 2019.

12. Demand for Trial by Jury

15. demand Trial by Jury on all issues so triable by right herein.

20. Steven E. Kroll

S-ar putea să vă placă și