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HomeMy WebLinkAbout11 30 1989 Airport Ruling Pleases Groups6A, Thursday, November 30, 1989, Vero Beach, Fla., Press.dourrrel Sebastian River Area • Grant • Micco-Little Hollywood • Barefoot Bay • Sebastian a Fellsmere • Roseland • Vero Lake Estates i Airport Ruling Pleases Groups By PATMCIA DiLALLA Sebastian Bureau Chief A judge's ruling that the city of Sebastian cannot be forced by the courts to pass an ordi- nance relating to the airport charter amend- ment has drawn generally approving nods from various national and local groups. Some, however, express reservations about what effect the ruling will have. On Tuesday, 19th Circuit Court Judge Paul Kanarek dismissed an effort by Burt Snell to force the City Council to adopt an ordinance putting into effect user fees and noise restric- tions at the airport. He left open further action on the issue of the airport enterprise fund. John Yodice, attorney for the Aircraft Owners and Pilots Association, which filed a friend -of -the -court brief on the lawsuit, said there are good political reasons why the judici- ary should not be dictating to a legislative body. "If the city doesn't adopt the ordinance, it has no effect and that is a good result," Yodice said. "It gives the city and the FAA time to go for- ward with the study and find out whether there is a problem and what the solution should be." The judge's decision, however, does not address the issue that concerns the AOPA, Yodice said, that the airport use restrictions outlined in the referendum are pre-empted by federal law and are unconstitutional. Both the city and Snell 'can react to the judge's order, Yodice said, "and depending on how they react we might have further to say. But the dust hasn't settled yet." Yodice said the AOPA will continue to follow the issues that remain concerning the use of the money in the airport enterprise fund. "Those are important to us, too. (Snell is) saying the airport enterprise fund shouldn't be paying for a lawyer trying to get rid of the air- port. Ii s an important issue." The Federal Aviation Administration is pleased at the judge's ruling, said Bob Eisen- grem, an FAA attorney. "It is a further affirmation of our position that the ordinance should not have been passed," Eisengrein said. The FAA and city will continue with the study planned for the airport program, Ef- sengrein said. "The judge's decision changes nothing." Whether the Sebastian case would have na- tional significance will depend on what another court would interpret under a different state's laws, he said. The FAA had opposed noise restrictions dic- tated by the referendum. A threat from the government agency to reclaim the airport property led to the City Council decision to sign a standstill agreement with the FAA. John Van Antwerp, a fixed base operator at the airport, said he doesn't think the judge's de- cision will make any difference. "I don't think the council will adopt (the ordi- nance), because they don't want to lose the air- port," said Van Antwerp, who is also the airport manager. "(The judge) told the council to adopt the charter amendment but not the ordinance. If they don't adopt the ordinance, they are violat- ing their own charter. What are the conse- quences of the city violating its own charter? I don't know," Van Antwerp said. Charles Stachel, vice president of the Citizens Airport Watch that sponsored the airport refer- endum, said the judge's ruling was proper. "We support the standstill agreement with the FAA and the ensuing consulting study as wise decisions," Stachel said, "to avoid uphold- ing the legality of the referendum." The CAW supports going this route to avoid legal costs to prove it in court, he said. Stachel said the CAW is not backing away from the noise and user fee provisions of the referendum. "I think they will be accomplished in the con- sulting study," he said.