What makes this interesting – and why the challenge was brought – is the fact that the majority of the ski area is located on Federal land, for which use Alta applies annually to obtain a permit. Alta pays the Forest Service a usage fee every year. In order to get to whether or not this is discriminatory, the threshold question is whether or not the government’s involvement is considered “State action”. Here’s the ruling … give it a read: Appeal from the United States District Court for the District of Utah
Todd Stoneman ESQ
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