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Airport Authority gets temporary victoryThu, 04/20/2006 - 3:46pm
By: John Munford
A lawsuit over a company’s ability to access Falcon Field is likely headed to the Georgia Court of Appeals for now. Superior Court Judge Christopher C. Edwards agreed to allow the appeal after he ruled in favor of the Peachtree City Airport Authority last week in a contract dispute with a former airport business that wants to sell its property — and its access agreement — to make way for an aircraft repair facility. The contract granted to Hunting Aircraft back in 1991 allows Hunting to have access to the airport’s runways and taxiways to run a maintenance operation. The agreement also gives the authority the right to declare Hunting in default on the contract if the authority does not approve of the property’s sale or transfer to another entity. The authority has denied Hunting’s request to approve the transfer. Hunting wants to sell the property to Chippewa Aerospace, which will perform aircraft maintenance and employ about 50 people. Hunting attorneys have argued that the authority is preventing a significant economic development project for the city. Edwards has not yet ruled on Hunting’s damages claim. In court last week, Hunting attorney David Monde of Atlanta argued that the contract is an easement, meaning it should be transferrable to the new owner upon sale of the property. The contract isn’t as clear, using language referring to a lease and an easement, but Monde said the contract isn’t a lease because it doesn’t give Hunting exclusive access to any airport property. The contract was for an initial term of 25 years followed by another renewable term of 25 years. Airport officials have said they are not keeping Hunting from selling the property. The contract requires Hunting to pay a certain amount of rent based on the number of aircraft at the facility, and it also allows Hunting to sell fuel. Hunting must pay five cents for every gallon of fuel delivered to the facility as a fee according to the contract. Currently, the authority is the only entity at Falcon Field selling fuel, and fuel profits make up the lion’s share of the authority’s income. login to post comments |