For the week of January 21 - 27, 2004

Judge throws out Tutor’s big jet suit

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By MATT FURBER and GREG STAHL
Express Staff Writer

A federal judge affirmed Tuesday, Jan. 20, that the Friedman Memorial Airport in Hailey could restrict the weight of airplanes landing at the 230-acre airport.

Federal District Court Judge B. Lynn Winmill handed California construction magnate Ronald Tutor a defeat Tuesday when he threw out Tutor’s lawsuit seeking to dispose of airplane weight restrictions used at the Hailey airport.

Winmill’s decision headed off a trail that had been scheduled to begin Monday, Jan. 26.

"I’m ecstatic, totally ecstatic," said Friedman Airport Authority Chair Mary Ann Mix. "This is really a monumental decision for us, and it takes a huge, huge load off our minds. It’s been difficult to conduct business as usual with this hanging over us."

At issue was a dispute over enforcement of weight restrictions imposed by the airport on aircraft like Tutor’s 171,000-pound Boeing 737 business jet and whether the airport had the authority to restrict Tutor from landing at the publicly funded airport.

Arguing for the airport, Washington, D.C.-based attorney Eric Pilsk said the airport’s 95,000-pound weight restriction predates FAA rules governed by the Airport Noise and Capacity Act (ANCA). The act, which became law on Oct. 1, 1990, includes conditions for which compliance is required before an access restriction can be imposed on an airport.

Arguing for Tutor, Jonathan Morse, of Santa Monica, Calif., said that, if there is a maximum weight restriction at the airport, there is nothing in writing to look at. He said the decision by the airport to restrict Tutor was arbitrary and capricious.

However, Winmill said Tutor’s arguments "are nothing more than generalities, which do little to explain how the airport has violated state law…(Tutor and his company) have not shown any genuine issue of material fact that the airport has violated any laws of the state of Idaho."

Rick Baird, airport manager, said the importance of Winmill’s decision can not be overlooked.

"It means we’re not going to change the way we’ve been doing business," he said. "It means that any aircraft is welcome to land here as long as it doesn’t weigh over 95,000 pounds.

"We are, of course, very elated and very happy that the judge ruled the way he did. It’s been a long year getting to this point."

On Thursday, Jan. 15, attorneys in the case argued in federal court in Boise.

During the hearing, Winmill generally seemed to agree with the defendants. He said he was concerned with why the FAA wasn’t enforcing the rules if there had been a violation.

Winmill said he was aware of the coming trial date and would try to provide a written decision in due course. He also said he had serious reservations about whether Tutor could have a "private right of action" under an unequal protection claim.

"Certainly the weight restriction is not an unreasonable claim," he said.

Winmill also asked Morse if Tutor, who was coming to Sun Valley when the airport chose to restrict 737 charter flights operated by Sport Tours in 1991, had been restricted from public hearings on the matter. At the time the Airport Authority gave guidance to the new airport manager, Rick Baird, not to impose impact fees but to follow the weight restriction ban.

Morse said he was not aware whether or not Tutor had been restricted from the hearings. He also said after the hearing on Thursday that the FAA did not have time to pursue every violation of enforcement rules, which is why Tutor was pursuing the issue in court.

 

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