Airport Authority gets temporary victory

Thu, 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.

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Robert W. Morgan's picture
Submitted by Robert W. Morgan on Thu, 04/20/2006 - 6:32pm.

The real story here is a government authority is trying to use their power to restrict a private business in order to protect their own revenue stream - for which they do nothing, I might add.

A better headline would be "City squashes private company - round 2 in appeals court" OR "Hunting has second chance in PTC" - the last one would grab readers who would be shocked that the story was about the name of a company instead of killing animals.

The issue here is about property rights. I believe it is a good thing that this case is being tried in public. The results will guide future administrations and authority members in PTC for years to come. Back room deals concocted by David Good and Bob Truitt will not stand up to the illumination of the legal process.


H. Hamster's picture
Submitted by H. Hamster on Fri, 04/21/2006 - 7:26pm.

Really, Robert, I'll do the comedy. I'm a professional.

Sure the Airport Authority is overstepping its bounds, but all authorities do. The mayor should slow them down in or eliminate their power if they don't get real with their "authority"


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