KSPN sued by former owner for breach of contract
Moss Entertainment yesterday brought suit against Salisbury Broadcasting Colorado, LLC, which bought Aspen radio station KSPN from Moss.
The suit, filed in Pitkin County District Court, alleges that Salisbury breached a purchase agreement for the purchase of KSPN and three other radio stations. It asks for unspecified amounts of money, to be determined by the court, for breach of lease, unjust enrichment and five instances of breach of contract.
In July 1998, Salisbury entered into an agreement with Moss and related corporations to purchase KSPN-FM of Aspen, KNFO-FM of Basalt, KTUN-FM of Eagle and KFMU-FM of Oak Creek, along with the various licenses and permits necessary to operate the stations. The parties also agreed that Salisbury would operate the stations from July 15, 1998, until the closing of the sale on January 22, 1999.
Salisbury was to have accounted for all revenues and expenses and paid Moss half the revenues for a period of time specified by a separate contract. Moss claims that Salisbury breached their agreement by not paying Moss any of the revenues from May 1999 to the time of the suit.
Moss also claims that Salisbury failed to make some utility payments, failed to pay for leasehold damages in an office space and failed to pay rent for the space occupied by KTUN. Moss was forced to cover all these expenses in one way or another, and has asked for judgments requiring reimbursement.
The suit claims that Salisbury accepted and retained the stations without payment, unjustly enriching the defendant. It calls for a complete accounting of operations of the stations by Salisbury and for payment to be made to Moss.
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