Hewlett

Hewlett v. Squaw Valley Ski Corp.

Caution

1997 Cal. App. LEXIS 310·54 Cal. App. 4th 499·63 Cal. Rptr. 2d 118·97 Daily Journal DAR 5145·97 Cal. Daily Op. Serv. 2939

Court of Appeal of CaliforniaApril 22, 1997C020539California15,436 words

Opinion

Sparks, J.

In this appeal we are presented with the latest installment in the continuing dispute between defendant Squaw Valley Ski Corporation (Squaw Valley) and objecting parties over the development of ski runs in an area of Squaw Valley’s ski resort known as the “Tram Basin Bowl.” When litigation threatened the planned project, Squaw Valley in essence resorted to self-help and cut more than 1,800 trees.

The Placer County District Attorney brought a lawsuit for unfair competition asserting Squaw Valley had engaged in unlawful business practices in cutting down these trees. (Bus. & Prof. Code, § 17200.) A second suit, brought by a private individual, William R. Hewlett, and the Sierra Club, made similar allegations. The district attorney dismissed his suit and joined Hewlett and the Sierra Club as a plaintiff in their lawsuit.

The trial court found defendant Squaw Valley had engaged in unfair competition by committing unlawful business practices by violating provisions of the Z’berg-Nejedly Forest Practice Act (Forest Practice Act or FPA) (Pub. Resources Code, § 4511 et seq.), violating provisions of a conditional use permit and violating terms of a temporary restraining order.…

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