MLive.com File PhotoGRAND RAPIDS, MI — Leaders at Gerald R. Ford International Airport did not act improperly in approving a new $6.8 million private air center expected to begin taking shape this spring, a Kent County judge ruled last week.
The ruling, issued Friday by Judge James Robert Redford, effectively clears the way for construction to begin on the center being built by Muskegon-based Rothbury Executive Air on a 5-acre plot at the airport.
Two private air services already operating at the airport, Northern Air and Grand Rapids Air Center, alleged the board violated its own rules in approving the air center during two separate votes this year and last.
Northern Air and Grand Rapids Air Center claimed Ford Airport Board Chair Joseph Tomaselli violated the board’s standing rules by casting votes for the project because those guidelines only allow voting by the chair under certain circumstances.
The air services requested Redford issue a writ of mandamus, a judicial ruling that would have compelled Ford Airport’s six-person board to re-tally the May 2011 and Feburary 2012 that approved a zoning variance and lease agreement for Rothbury Executive Air.
In his nine-page ruling, Redford said Northern Air and Grand Rapids Air Service have no legal standing to force Ford Airport to adhere to its internal procedures, one of four conditions in issuing a writ of mandamus.
In denying the writ, Redford also pointed to a Federal Aviation Administration complaint filed in November 2011 against the airport by Northern Air and Grand Rapids Air Service over the approved zoning variance.
“The court is satisfied that plaintiffs are seeking an alternative administrative remedy at the same time they are requesting mandamus relief from this court,” Redford wrote in his ruling, referencing the FAA complaint. “Mandamus is only appropriate where ‘no other remedy exists that might achieve the same result.’”
Redford also denied Northern Air and Grand Rapids Air Center’s motion to issue a preliminary injunction against Executive Air’s new center, saying Ford Airport likely would incur “significant financial losses” as a result.
Robert Buchanan, Ford Airport’s attorney, said the airport is “pleased” and “vindicated” by Redford’s ruling.
“But by the same token, we feel as though we shouldn’t have had to go through that exercise,” Buchanan said. “The board isn’t in the business of reacting, it’s in the business of trying to pursue business opportunities, positive business opportunities, and this is just not helpful to have this kind of adversarial relationship over an issue like that.”
In a statement, Todd Dickinson, attorney for Northern Air, said Redford’s ruling against his client “will not alter the progress of our FAA administrative complaint.”
Dickinson went on to say the FAA complaint illustrates Ford Airport discriminated against Northern Air and Grand Rapids Air Center, and gave preferential treatment to Executive Air.
“We remain confident that the FAA will respond favorably to our complaint and require the Airport Board to correct these discriminatory practices or face the loss of federal funding, including the airport’s estimated $43 million, five-year capital improvement plan,” Dickinson said.
Leaders at Executive Air, which had planned to break ground in early May on the $6.8 million center, said those plans have been pushed back by about a month.
In a statement, Executive Air’s leaders said they are pleased with Redford’s ruling.
“We anticipated today’s favorable outcome … and continue to move forward with our exciting project,” the statement said.
Zane McMillin may be reached through email and Twitter.
No comments:
Post a Comment