Amerl asked for the dismissal on the grounds that at the time he was simply an employee of the ski hill, and made his application because he now has an employment contract that will be taking him out of the country.
Counsel representing the Canadian Badlands Passion Play was in court and opposed the application, indicating its position is that the applicant was more than an employee.
Judge Maloney declined the application for a summary judgment, and set the matter back to its trial date in small claims court.
Earlier this year Community Futures Big Country began the process of foreclosing on the ski hill, and according to the Drumheller Valley Ski Hill page, Badlands Ski Hill has “pending positive resolution of Community Futures foreclosure against the Ski Club and our legal battle for recognition of legal contract we have signed in 2009.”
Amerl told The Mail he is still interested in operating the ski hill, but says there is the "lack of political interest" on the part of the town. He also said he attempted to buy the foreclosure process but to no avail, and he continues to pursue his case for the hill legally.