ATTN: FAA Part 16 Airport Proceedings Docket 

AGC-610 

Federal Aviation Administration 

800 Independence Ave. SW 

Washington, DC 20591 

17 Dec. 2014 

~ lEHCnE ~-\\07 [Ej 

[!AN 07 ~~l PART H:lDOCI<ETS i 

RE: Formal complaint under 14 CFR FAR Part 16- Pearland Regional Airport (KLVJ) 

Grant Assurances Violation 

1. Overview - Airport manager Leah Langford banned me from entering the only FRO 

building at Pearland Regional Airport (KL VJ) in retaliation for making a safety 

complaint against her to TxDOT Aviation. 

2. Facts- On May 15, 2014, while taxiing on the Taxiway Delta centerline, my wing 

struck a tree that was growing in the ditch next to the taxiway. Airport manager 

Leah Langford was following my aircraft and observed this. I contacted her on the 

radio and informed Iter of the obstruction. She acknowledged my radio call. She 

was also notified of this tree obstruction on the taxiway by the Bay Area Aero Club 

safety officer and the obstruction issue was pnblisbed in the aero club newsletter, 

which she received. After nearly a month, she still refused to have the tree cut down. 

On Monday, June 9th, I notified Bill Gunn, TxDot Aviation, of the safety hazard and 

her refusal to cut the tree down. Grant assurances #19 A. On Friday, June 13'\ the 

ditch was cleaned and the tree was cut down. 

The airport newsletter said, "Stop by to meet your new, friendly line service 

technicians." But on Monday, June 16th, I received an e-mail from Leah Langford 

(see Atch #1) informing me that I was banned from entering the FRO building. No 

reason for the ban was ever given, although the timing of the ban makes it self-evident. 

I am denied access to the only public restroom on the airport, to air conditioning in 

the Texas summer heat, and to weather and flight planning computers necessary for 

safety of flight that are available to all other customers. 

3. Informal resolution effort- I made a substantial and reasonable good faith effort to 

resolve the issue and there is uo prospect for a timely resolution. On June 23•d, 2014, 

an informal eomplaint was filed with the FAA, who forwarded it to TxDOT Aviation, 

Bill Gunn, for the violation related to the FRO building ban. The reply, dated July 

7'\ 2014, denied relief, stating (in pertinent part), "Tbe FRO building (see attachment) 

is privately owned and is not obligated under the grant assurances. The airport land 

for the FBO pad site has not received public funds for improvement and is privately 

owned." So Leah Langford could ban whoever she wanted from the business 

property. 
4. Reason - The FBO decks and stairs rest on the concrete ramps, the FBO building sets 

above the main power line to the electrical vault, and the FAA weather equipment is 

housed inside the FBO building- all funded through FAA grants. 

The FBO building is a double -wide mobile home with front and back entrances. 

On the flight line side, there is a ten-foot wide deck that runs the full length of the 

FBO building. It is attached to the FBO building by an overhead cover and the 

deck and overhead cover rest on concrete ramp built with grant money. On the 

parking lot side of the FBO building, there is a handicapped ramp and stairs that 

rest on the concrete parking lot built with grant money. Both the deck and the 

ramp/stairs are necessary to enter the FBO building. (See Atch #2 & #3) 

The primary power line that runs through the airport to the electrical vault (for fuel 

pumps, weather station, and runway lighting) runs directly under the FBO building, 

and it was installed with grant money. 

The FAA Weather station phone equipment cabinet and monitors are located inside 

the FBO building and are necessary for weather and flight planning. These were 

installed by the FAA and are maintained by the National Weather Service. 

Grant Assurances #30 - Facilities. (Pertinent parts) Where it receives a grant or other 

federal assistance to ... acquire a facility, or part of a facility, the assurance extends to the 

entire facility ... 

Grant Assurances #30- Real Property. (Pertinent parts) Grant ... assurance will extend 

to rights to space on, over, or under such property. 

The deck, cover, stairs, and ramp are fixtures to the FBO building, rest on the ramp, so 

"the assurance extends to the entire facility." The power line under the FBO building 

"will extend to rights on, over, or under such property." Weather facilities were installed 

for pilots' use and are critical for safety of flight. 

No reason was given in her e-mail as to why I was not permitted into the FBO building. 

Grant Assurances #22 provides that aviation facilities must be provided on fair and 

reasonable terms, and without unjust discrimination. Retaliation against a user for 

reporting a sponsor's refusal to correct a safety violation and violating a Grant Assurance 

condition is unfair and unreasonable, and constitutes unjust discrimination on its face. 

5. Standing -Pearland Regional Airport bas been my home airport for more than 12 

years. I rent in an airport owned hanger and I buy fuel at the only FBO on the 

airport. For all normal services inside the FBO, I'm now required to fly to a 

neighboring airport which is a substantial inconvenience for me and my passengers. 
6. Relief Requested- I request that the letter banning me from entering the FBO be set 

aside and that I be allowed to enter the building to access the weather I flight planning 

facilities, use the only public restrooms available on the airport, and to get out of the 

heat of the day on the hot Texas ramp. I ask that I be treated the same as any other 

customer on the airport with the same rights granted under Grant Assurances. 

&#~f,!m~-~ Wayn~R.Mes~ing;r-- ,rP.O. Box 1710 

Friendswood, TX 77549 

Certificate of Service 

I hereby certify that I have this day served the foregoing Formal complaint under 14 

CFR FAR Part 16 on the person at the following addresses by registered mail: 

Leah Langford 

17622 Airfield Lane 

Pearland, TX 77581 

Dated this _fL day of December, 2014. 

Wayne R. Messinger 

P.O. Box 1710 

Friendswood, TX 77549 
Gmail - FBO Entry Page I of 1 

4rc/f JP; 

Wayne Messinger <ginevan4@gmail.com> 

FBO Entry 

1 message 

Pearland Manager <manager@llypearland.com> Man, Jun 16, 2014 at4:31 PM 

To: ginevan4 <ginevan4@gmail.com> 

Cc. Jim Wimberly <jw1mberly@texasaviaf1onpartners.com>, Jim Parker-Remote <a0004897@yahoo.com>, 

"Eric Dagley (cpadiver@aol.com)" <cpadiver@aol.com>, Chuck Hall <CHall@matterhorncap.com>, Stacey 

Batch <sbatch@texasaviationpartners.com>, Stephen Alexander <salexander@texasaviationpartners.com>, 

Cassidy Berenato <cberenato@texasaviationpartners.com> 

Wayne, 

It was brought to my attention that you entered the FBO yesterday (Sunday, June 15, 2014). Chuck Hall 

(airport owner) has informed Texas Aviation Partners that you are not allowed to enter the building at any 

time. Additionally, I was informed that upon your termination from employment at the airport that you were 

instructed the same by Eric Dagley on behalf of the airport owners. This email serves as notice to again 

inform you that you are not under any circumstance to enter the FBO at Pearland Regional Airport. Legal 

action via law enforcement will be taken should you choose to again disregard !his notice 

If you have any questions, please contact Texas Aviation Partners' office in San Marcos at 512-216-6042. 

Thank you for your cooperation. 

Sincerely, 

Leah 

cid:image001.jpg 

@01 CF6EB4 .. ,;4 

544/-\FO 

1!622 !-\iri(eld Lane ! PeGrluncL Tcxus 77581 

Off1r::e/F5C): 281,4B2.75.J1 ! Cel 832.916.5881 

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