2/13/14 Judge rules in favor of airport authority in base operator eviction case

  • By Nick Sabo
  • February 13, 2014
  • 396
                        
The Holmes County Airport Authority can order its current operator to vacate the premises after a Wednesday Feb. 12 ruling in common pleas court. Holmes County Common Pleas Judge Robert D. Rinfret ruled in favor of the airport authority in a civil suit that alleged operator MAC Aviation was in violation of its contract. The suit sought an order to remove MAC as the airport’s fixed base operator. MAC has remained in business at the airport since the airport authority instituted eviction proceedings in September 2013, paying a monthly rent of $500 as bond. MAC Aviation signed a five year lease with the airport authority in 2009, according to court documents. In bringing its case, the airport authority claimed that MAC Aviation neglected duties as base operator. The base operator duties were spelled out in a document that the airport authority claims they presented to MAC when signing the five year lease. MAC claimed it was never presented with the particular document that contained the fixed base operator’s duties. However, the airport authority claimed that MAC received the terms and signed off on them. In an affidavit filed with the court Nov. 26, airport authority president John Byler testified that on May 1, 2009, the airport authority “entered into an agreement” with MAC Aviation and that there were “two documents that memorialized the agreement”. These documents, Byler testifies, were a lease agreement and a management agreement. The duties of FBO include keeping regularly stated hours, performing general grounds maintenance such as mowing and keeping stocks of airplane supplies full. The duties further include aircraft maintenance. The suit brought by the airport authority alleges that MAC did not carry out grounds maintenance duties or monitor fuel supplies. MAC further did not keep records of airplane maintenance as outlined in the FBO bylaws, according to the airport authority. A hearing to issue a writ of execution to carry out an eviction against MAC is tentatively scheduled for next week in common pleas court.


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