2/20/14 Eviction order issued against airport operator

  • By Nick Sabo
  • February 20, 2014
  • 406
                        
SUMMARY: Airport authority to look for new, full time fixed base operator A common pleas judge has issued an order to evict the Holmes County Airport’s current operator. Holmes County Common Pleas Judge Robert D. Rinfret Tuesday Feb. 18 issued a writ of execution that requires MAC Aviation, Inc., to vacate the airport. The Holmes County Sheriff’s office will have 10 days to serve the writ. Rinfret issued the writ after deciding a civil suit brought in September 2013 by the Holmes County Airport Authority that sought to evict MAC. Rinfret ruled Feb. 12 in the airport authority’s favor in the civil suit, which claimed that MAC was not fulfilling duties as fixed base operator. MAC has remained in business at the airport since the civil suit was brought, paying a $500 rent as bond. The writ gives the airport authority the right to order MAC to leave the premises. The civil suit was brought after the airport authority terminated MAC as fixed base operator. However, MAC sought to remain in business and argued that it was never presented with the fixed base operator guidelines. The duties of fixed base operator, as spelled out in the airport’s bylaws, 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 airport authority claimed 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 fixed base operator bylaws, according to the airport authority. Airport authority president John Byler said he hopes the judge’s final ruling and writ will bring the issue to a close. The airport authority will start the search for a new fixed base operator soon, Byler said. Currently, Larry Clark, who has formerly served as fixed base operator, has been serving as interim fixed base operator, even as MAC continued operating out of the airport. Byler said as of yet the airport authority has not discussed plans for a new fixed base operator. Byler said he does not know if Clark is interested in going full time. “As far as whether (Clark) will continue as fixed base operator, no decision has been made as to that,” Byler said. As the civil suit worked its way through the court, MAC continued to manage aircraft fuel sales and aircraft repair. Clark has been performing such duties as caring for the grounds and snow removal, Byler said. 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 fixed base operator duties, which were spelled out in a management agreement. The airport authority claimed they presented the management agreement 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.


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