The Port will spend over $80,000 to sue their neighbors over an issue that was resolved by a joint committee but not accepted by the Port and the FAA. Fact – this is a property rights issue that does not involve the FAA.
The neighboring property owners, who have deeded access rights to use the “airstrip” (not other Port Property), requested a joint committee meeting after the Port wrote a tariff demanding the property owners pay a fee based on the tie down fee (the amount charged to aircraft owners that rent a Port tie down space for their aircraft).
The property owners objected because the fee did not reflect the language of their deeds. The owners understood that a fee could be charged for access and use and were willing to do so, but only “as charged to all others for like use of the airstrip” as stated in the deed.
All commercial aircraft that use the Orcas Airport and airports throughout the world pay landing fees. The property owners offered to pay 3 times the amount the commercial carriers were paying but the FAA refused. Note: it was not necessary for the Port to ask the FAA.
The Port initially filed a Declaratory Relief with the court. The judge ruled against the Port using a tie down fee basis but did not suggest an alternative basis.
The Port has continued their attempt to charge the property owners a fee that does not reflect the language of the deed. As a result, there will now be a full trial to resolve the issue. No matter what the outcome, at best it will take over 100 years for the Port to recover the money they have wasted on a frivolous lawsuit against their friends and neighbors – all because they couldn’t make a decision about something they were legally entitled to make. So there are your tax dollars at work.
If you believe that deeded rights should be honored and the Port should not foolishly spend your tax dollars, call one of the Port Commissioners for an accounting and an explanation.
The Owner’s Representatives:
Bob Waunch
Mike Parnell
(Editor’s notes: Port Manager Bea vonTobel writes, “Any letter from an individual commissioner would appear as if spoken on behalf of all the commissioners. Since the next regular meeting of the Port of Orcas Commission does not occur until May 9, there is currently no reply.”
(The case is scheduled for trial on Monday, April 29 at the San Juan County Courthouse.)
It seems to me that the airport would not exist were it not for the flying community that built the hangars and homes along the original landing strip, all with clear rights of access set forth in their deeds.
There are three Port of Orcas positions to be decided in this fall’s election. Filing date is May 17th.
In so much as the property owners hold title to the benefit of access to port property, excuse me, it is the “Use” and such distinctly “Like” “Use” We are here to defend that access and the fee provision for “ Like Use”.
The Port seems to believe that it is reasonable to consider or should I say fail to consider that deed that we hold is really “not” a lease agreement. And as deed holders we are not willing to pay for what it is that runs in perpetuity with not the Port, but our lands. We have always been willing to support the port by paying fees for Use, that are “Like” in regard to every other user.
to this point no such fee exists.