I.V. Airport fence plan prompts lawsuit threat
From our weekly issue dated December 23, 2009
A Grants Pass attorney is threatening legal action against Josephine County if a planned perimeter fence is put into place around Illinois Valley Airport.
Jim Dole wrote a letter dated Tuesday, Dec. 8 and addressed to county legal counsel Steve Rich. A stamp on the letter indicates that it was received by the county the following day.
The letter was written on behalf of airport tenants Kurt Krauss and George Savord, whom Dole is representing. It states that Krauss and Savord are worried that the fence ultimately could limit access to the facility.
“You indicated to me that the airport manager was unwilling to consider our clients’ concerns in any respect whatsoever,” Dole wrote. “Obviously, this was disappointing to our clients as they have made substantial personal investments in the airport over the years, which evidently the manager considers unimportant.
“Our clients believe this is an unreasonable position to take towards longstanding airport patrons.”
Dole’s letter was discussed by the Josephine County Board of Commissioners during a Thursday, Dec. 17 meeting with Rich and his staff at the courthouse in Grants Pass.
Commission Vice Chairman Sandi Cassanelli said that the fence is the “number-one contentious issue” for Dole’s clients.
Plans call for the fence to be 6 feet tall and topped with barbed wire. Cassanelli, who serves as airport liaison, said that its users want it to be tourist friendly. She said that a subcommittee of the airport advisory board contacted officials at the Federal Aviation Administration, and that the agency does not require a 6-foot fence around the site.
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Rich said that there is a security requirement for the airport, but confirmed that the fence does not have to be 6 feet tall.
Cassanelli stated that the fencing material already has been bought and stored.
In his letter, Dole stated that he and his clients still are willing to meet with county officials to try and resolve the potential dispute.
“Substantial arguments exist that the airport’s intentions, if acted upon, would be contrary to our clients’ rights and interests,” Dole wrote. “Reasonable access to airport facilities is at a minimum implied in the parties’ lease agreements. Our clients’ investments in their hangars leave them little choice but to consider further action.”
The letter asked for a response from the county within 14 days. Rich said that he would write a letter stating that the county would look into the matter.
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