Tutor lawsuit to be heard in Boise
By MATT FURBER
Express Staff Writer
Attorneys for both Friedman Memorial
Airport and Ronald Tutor, a California-based developer with a home in Ketchum,
are hoping to resolve a dispute over weight restrictions imposed by the airport
on aircraft like Tutorís Boeing 737 business jet without going to trial in
Federal District Court in Boise Jan. 26. Attorneys are seeking a summery
judgement Thursday, Jan. 15, in advance of the trial date.
Tutors lawyers will be arguing that the
airport violated FAA regulations by imposing a ban on Tutors jet by making the
decision without FAA approval.
The airportís lawyers will argue that
Tutor has no private right of action against the airport.
"Just because someone has allegedly
violated the law doesnít mean (that a third party) can sue," said Peter Kirsch,
a Denver-based attorney, specializing in airport law. "If a speeder drives by
your house you canít sue them."
Kirschís colleague, Perry Rosen from
Washington, D.C., will be representing the airport in Boise. James Martin of
Boise will be representing Tutor.
The airport will also argue that the
airports weight restriction, developed in 1983 and is "grand fathered" and not
subject to FAA rules governed by the Airport Noise and Capacity Act (ANCA). The
ANCA includes conditions that must be complied with before an access restriction
can be imposed on an airport after October 1, 1990.
Tutors lawyers argue that the Hailey
airport changed precedence by allowing some 737 aircraft to land during the
1989-1990 and 1990-1991 ski seasons. The airplanes have an operating weight in
excess of 95,000 pounds, which is above the airportís 1983-weight restriction.
Since both sides will be arguing that the
case should not go to trial the judge could make one of three decisions,
Thursday. He may make a summery judgement in favor of either side, or if he
finds factual areas for dispute he may hold it over for trial.