The City of Driggs signed a Corrective Action Plan (CAP) with the FAA in order to receive $7 million for widening and resurfacing all the runways and taxiways at the Driggs Airport (KIDJ). Prior to the agreement, eight hangar and hangar home owners received an injunction against the City to enjoin them from “affecting the interest in real property.”
We had a hearing on August 4th and the ruling from the bench was that the CAP did not “affect” the interest in real property. The defense the City took was that there were no changes with the CAP, they just were now going to enforce what they never enforce before. I do not feel our attorneys did a good job of showing that this was a definite change from the status quo which was the sole defense. Basically, we were out lawyered.
On a brighter note, we do have a full trial scheduled for either November or February. Mediation will only occur if the FAA participates which has a slim and none chance.
The bottom line will be how the City enforces the issue plus the issue of property values. We need to carry on this fight with the FAA since they are the source of the problem and this will be expanded to other regions and my bet is, to other private airports. The logical expansion will be that if you fly to a FAA funded airport from a private airport, you will have to go through some type of screening process.