Friday, May 20, 2005

International law firm enters airport siting flap

Group insists site in Camas County be taken off list


By PAT MURPHY
Express Staff Writer

A figurative 800-pound gorilla has jumped into the contentious search for a possible new site to replace Friedman Memorial Airport in Hailey, coming in on the side of a protest group in rural Camas County.

In a strongly worded 21-page letter filled with assertions, three attorneys of the California law firm of Gibson, Dunn and Crutcher demand that so-called site 13 in eastern Camas County be removed as a candidate site for a new airport. They claim the site is "fatally flawed," is strenuously opposed by residents, and was "inappropriately" selected "without fair and adequate representation" of Camas residents.

The letter includes meticulous footnotes with citations to various legal rulings and law covering a wide range of topics, including weather, Native American rights, wildlife, wastewater, utilities, ground transportation, wetlands, geology, water resources, land use, biotics and the human environment.

Gibson, Dunn and Crutcher's Web site says it has 800 attorneys in several U.S. offices in Los Angeles, New York, Washington, D.C., San Francisco, Dallas, Denver and Orange County, Calif., as well as international branches in London, Paris and Munich. Its roster of clients include blue ribbon names in the largest global banking and finance firms, and industrial and high-tech companies.

Signatories on the letter are Clifton J. McFarland, Christeon J. Costanzo and Lise Johnson, all listed with backgrounds in environmental legal matters.

Their letter says "our law firm represents 'Preserve the Camas Prairie,' a coalition of residents and landowners in Camas County, organized for the purpose of protecting the pristine environment and rural way of life on the Camas Prairie and promoting the principles of local control and sustainability."

Until the appearance of the law firm's letter, mailed to the Friedman Memorial Airport Authority, only a handful of Camas protestors have appeared at airport site selection committee meetings in Hailey and Fairfield to argue their case, usually led by Fairfield resident David Konrad.

But the law firm's intervention immediately prompted questions of how a small rural protest group might afford three attorneys from one of America's largest law firms, some of whose partners charge an estimated $500 per hour.

The answer might lie with one of the lawyers, Costanzo, who reportedly is a property owner and part-time resident of the Fairfield area. The Fairfield telephone directory includes a "Jay and Cynthia Costanzo" but no listing in the Camas County tax assessor's office under that name. The California Bar Association's roster lists a Christeon Joel Costanzo as a member.

However, no one answers the Fairfield listed number. Nor did Costanzo respond to an e-mail or voice messages left with his secretary and on his office phone at Irvine, Calif., asking about his personal interest in Camas County and whether the firm's services to Camas residents are without charge.

Offering free legal services is heavily emphasized by the firm on its Web site. It lists dozens of pro bono (literally, "Done for the public good without compensation") projects and awards for its gratis work.

However, Konrad declined to discuss whether the firm is being paid or is handling the airport protest free, calling that "not pertinent," and adding, "I don't believe we have to sensationalize the reporting to what's behind the scenes."

He also would not say whether Costanzo was a Camas County property owner or part-time resident.

Konrad said he talks with Costanzo. Is the law firm considering any sort of legal action? Konrad was asked.

"It's possible when you have legal counsel involved," Konrad said. "There's the potential for going in several different directions."

Asked whether the Camas group has any grounds for legal action against the airport authority, Friedman airport attorney Barry Luboviski said absolutely not.

Calling the letter a collection of "various concerns" of some Camas residents, Luboviski snapped, "Are we supposed to stop talking" about possible airport sites?

Although actor Bruce Willis has offered several hundred acres of land at no cost for a new airport east of Fairfield, the area paralleling U.S. Highway 20 seems to be gradually losing its credibility because of distance and resident opposition.

More attention has been focused lately by the citizens site selection committee and the airport authority on site No. 9, just south of the border separating Blaine and Lincoln counties, and east of state Highway 75, about 41 miles south of Sun Valley.

An outspoken advocate of site No. 9 is Larry Schoen, a member of the Blaine County Planning and Zoning Commission, who called on the airport authority at its May 3 meeting to vote all sites except No. 9 out of future consideration. Originally, there were 16 sites picked for study.

Schoen argues that Blaine County growth is southward toward Shoshone, that Highway 75 is a ready-made route to carry airport traffic, that emergency services and medical infrastructure are closer to site 9 and the area is mostly unpopulated privately owned land.

Camas protestors also received a shot of moral support at the last airport authority meeting when Blaine County activist Pepin Corso-Harris, leader of the opposition to Bellevue Triangle as airport site, told the governing board that site 13 also should be removed from consideration because residents don't want it.




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