There's good news and bad news. The good news is that a judge will not make a decision over whether or not to allow Bank of America to remove the Wildwood and Buttercup chairlifts at the resort until after a July 16 hearing in Boise. The bad news is that he will likely let the lifts be removed if Credit Suisse refuses to keep funding the receivers. Which seems likely at this point. If the lifts are removed it would mean less value to a possible sale -- and it could mean some possible buyers would no longer be interested.
 It's beginning to look bleak for a reopening in time for next season.
Judge: Tamarack lifts, snowplow stay put for now
http://www.seattlepi.com/local/6420ap_id_tamarack_lift_repo.html?source=mypi
BOISE, Idaho -- An Idaho judge on Thursday refused to let Bank of
America Corp. repossess two ski lifts from Tamarack Resort, providing
at least a brief reprieve for owners trying to keep the failed central
Idaho vacation getaway intact for a possible buyer.
		Fourth
District Court Judge Michael McLaughlin in Boise said letting the
Charlotte, N.C.-based bank's leasing unit dismantle lifts and seize a
snow plow and other equipment could conflict with a separate Idaho
lawsuit. In that case, Zurich-based Credit Suisse Group aims to recoup
$300 million from a construction loan Tamarack also failed to repay.
		McLaughlin
will wait until after a July 16 hearing in Boise on possibly combining
the two cases before weighing in on Bank of America Leasing &
Capital LLC's demand for the lifts. He also wants to see how talks
unfold with new investors - and if Credit Suisse, as is expected, soon
ends payments to a court-appointed receiver that's run Tamarack since
2008.
		"If the receivership has come to an end, I'm fully prepared to allow Bank of America to proceed forward," McLaughlin said.
		The fight over lifts is the latest chapter in Tamarack's declining fortunes.
		It
opened in 2004 about 90 miles north of Boise to much hype, but since
early 2008 has been mired in deepening financial misery. The
construction loan ran out before buildings were done, lenders balked at
new funding and the vacation real-estate market collapsed. Tamarack
mothballed operations in March after millions in losses and after
Credit Suisse squeezed funding for the receiver.
		 The ski lift battle is another reminder of failed resort expansion across the West.
		Losers
have been those who bought real estate, dozens of unpaid construction
contractors and insurance companies and hedge funds that snapped up
more than $2.5 billion in syndicated loans arranged by Credit Suisse
for places like Tamarack, Montana's Yellowstone Club and Nevada's
sprawling Lake Las Vegas development that soured.
		The biggest
winners? Lawyers who are earning hundreds of thousands in fees sorting
out the ensuing mess. One of them, Richard Boardman, an attorney for
the court-appointed receiver, San Diego-based Douglas Wilson Co., told
McLaughlin Thursday that letting Bank of America tear out lifts now
could scare off investors being wooed for a financial rescue.
		"I
can give you plenty of examples of what could happen if this court were
ever to order the possession of these ski lifts that are so integral to
the operation of Tamarack Resort - what would happen if those lifts
were suddenly allowed to be sold and were gone," Boardman said, adding
bankers should be patient for a possible sale.
		"If some of
the interest that we understand has been expressed - very serious
interest - in third parties coming in and providing the financing of
this resort, perhaps Bank of America is back in line to get those lease
payments," he said.
		Bank of America wants Tamarack's Wildwood
and Buttercup lifts, as well as a snow plow, shuttle bus and Mack
truck, after missed lease payments since February.
		Its
lawyers also argue majority owners Jean-Pierre Boespflug, Alfredo
Miguel, Richard Getty and Jerry Barnett should be held personally
responsible for more than $4.3 million in lost value for the lifts,
snow plow and other equipment.
		Bank of America lawyer Brad
Goergen told McLaughlin Thursday that talk of new investors was just
that - talk - and said his client shouldn't be forced to "sit idly by"
and wait for a white knight who may never materialize.
		For
instance, nothing came of efforts in 2008 to entice HDG Mansur Group
LLC or Societe Generale, a French bank that balked at a $118 million
construction loan, to save Tamarack.
		"Until there's a binding
enforceable sale agreement on the table, that's kind of an illusory
problem," Goergen said. "It exists in theory but not in actuality.
Until there's such an agreement in place, Bank of America Leasing
shouldn't be required to sit by and not receive payment."