UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Jim DeVries, et al., 

Complainants, 

v. 

City of St. Clair, Missoul'i, 

Respondent. 

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FAA Docket No. 16-14-03 

RESPONDENT'S SURREBUTTAL TO COMPLAINANT'S REPLY 

TO RESPONDENT'S MOTION TO DISMISS/SUMMARY JUDGMENT 

FAA DOCKET 16-14-03 DATED JULY 17,2014 

Respondent, the City of St. Clair, Missouri (the "City"), is in receipt of a document 

entitled "Complainants Reply to the Respondents Motion to Dismiss/Summary Judgment FAA 

Docket 16-14-03 dated July 17,2014 ("Complainant's Second Reply"). Complainant's Second 

Reply fails to set forth replies in enumerated paragraphs, making it difficult for the City to 

respond. However, the City will attempt to make this surrerebuttal to Complainant's Second 

Reply as best as it is able. 

Page I 

I. The City denies that it has failed to meet the requirement for dismissal. 

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2. The City admits that its motion is based upon the fact that an investigation is not 

warranted and no further action is required by the Federal Aviation Administration ("FAA"). 

3. The City has admitted the years to which the insurance allocation was made. 

4. The current City staff cannot speak of the accounting done prior to their 

involvement with the St. Clair Regional Airport ("Airport") fund. 
5. The City asserts that its allocation does not result in a disproportionate allocation 

of general governmental cost to the Airport in consideration of the benefits received by the 

Airport. 

6. In fact, five percent (5%) is not a significantly large number when looking at the 

size of the City. 

7. The City admits the material facts in this case are clear. 

8. The City again denies that it is using a diversion of revenue to substantiate the 

closure of the Airport. Further answering, and as an affirmative defenses, the City states that the 

allocation of insurance is a legitimate allocation to the Airport fund, especially when the charge 

is only five percent (5%) of the City's total insurance assessment. 

9. The City states that the five percent (5%) allocation was used after a review by 

City staff and confirmed by City auditors as an acceptable allocation of insurance costs to the 

Airport, considering there is no specific breakout of insurance costs from MIRMA, the City's 

insurance carrier, for the Airport. 

I 0. The City denies that the cost allocation methods used do not meet the standards 

required by the FAA Policy and Procedures concerning use of Airport revenue. 

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11. The City denies that any fi.niher investigation is needed by the FAA. 

WHEREFORE, for the reasons stated in the City's Motion to Dismiss and Motion for 

Summary Judgment, the City requests that a ruling be granted in favor of the City and that the 

FAA find that Complainant's delay in bringing this new Part 16 Complaint is untimely in that it 

should have been brought in the January 20 12 Complaint, and even if not required to be brought 

in the January 2012 Complaint, the City's actions in charging five percent (5%) of its total 

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annual insurance assessment to the Airport fund is not unreasonable and is based upon 

appropriate federal regulations, and for such other and further relief as may be appropriate. 

Dated this 23'd day of July, 2014. 

Respectfully submitted, 

ZICK, VOSS, POLITTE & RICHARDSON 

A Professional Co oration 

By:-::c:-~---::c=---'i>=2"1:~/£~-'-~----­ Kurt A. Vos,, 

438 WestcFront Street 

P.O. Box 2114 

Washington, Missouri 63090 

(636) 239-1616 

(636) 239-5161 Facsimile 

kav@zvplaw.com 

City Attorney for the City of St. Clair, Missouri 

CERTIFICATE OF SERVICE 

I hereby certify that on July 23,2014, a copy of the foregoing document was delivered 

electronically to the Federal Aviation Administration at 9-AWA-AGC-Pmt-16@faa.gov, and a 

copy was mailed to Mr. Jim DeVries, Complainant, 501 Ridgefie d Drive, Pacific, Missouri 

63069. 

Kurt A. Voss 

W: \Q-R -S-T-U\St. Clair\Ai rport\ T enantComplaint\Docket# 16-14-03\SurrebuttaltoReplyMSJ. do ex 

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