Montana Association of Counties 

Defense Services 

2717 Skyway Drive, Suite F 

Helena, MT 59602 

(406) 441-5471 Fax: 406-441-5497 

Gregory L. Bonilla • Maureen H. Lennon e Mitchell A. Young 

December 23, 2015 

Office ofthe Chief Counsel 

FAA Part 16 Docket Clerk, AGC-600 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

RECEIVED 

JAN 5 2016 

PART 16 DOCKETS 

Re: Safer Medical of Montana, Inc. and George Ackerson v. City of Fort 

Benton, Montana and Chouteau County, Montana 

FAA Docket No. 16-15-12 

To whom it may concern: 

Pursuant to 14 C.F.R § 16.26(b), Chouteau County, Montana (the "County"), 

through its counsel of record, moves to dismiss the above-filed complaint. The 

grounds for this Motion are that Complainants lack standing under 14 C.F .R. § 

16.3 and 16.23, and failed to engage in good faith efforts to resolve the complaint 

as required by 14 C.F.R § 16.21. 

1. Complainants lack standing to file their complaint. 

When read together, the definitions of"Complaint" and "Complainant" set forth in 

14 C.F .R. § 16.3, require a Complainant to be, "a person directly and substantially 

affected by anything allegedly done or omitted to be done by any person in 

contravention of any provision of any Act." Neither of the alleged Complainants 

herein fit that description. 

As noted in the demand letters attached as Exhibits 1 and 2, Complainants allege 

that they have suffered economic discrimination. The basis of their argument is 

that they have not been granted the same exclusions for non-aeronautical uses that 

other airport users have been granted. See Complaint, paragraphs 22 through 45. 

However, Complainants do not allege that the purported discrimination has 

affected their business operations or their ability to use the property for proper 
Office of the Chief Counsel 

aeronautical purposes. The primary purpose of the airport is for aeronautical use 

and Complainants have suffered no loss of ability to use the airport for its intended 

purpose. Complainants thus are not "substantially affected" even if the alleged 

discrepancies in non-aeronautical use exist. 

The only other allegation in the Complaint is that Complainants were granted a 

lease in contravention of a 1998 Agreement. See Complaint, paragraphs 14 

through 21. The Joint Airport Board requested an exemption from the Agreement 

so that Complainants could keep their current lease with an option to renew. 

Complaint, Paragraph 50. Ultimately Complainants were advised that the current 

lease would be exempted, but that no renewal would be allowed due to the 1998 

Agreement. Complaint, paragraphs 58 and 59. 

According to their own pleading, Complainants have been granted a discretionary 

exemption from the terms of the 1998 Agreement. Their complaint, then, is not 

that they are substantially affected by "anything allegedly done in contravention of 

any provision of any Act", but rather that they are substantially affected by 

enforcement of a provision of an Act. That allegation does not quality as a 

"Complaint" under the definitions set forth in 14 C.F .R. § 16.3; therefore, Safer 

Medical and George Ackerman do not qualifY as Complainants. Their Complaint 

should be dismissed with prejudice for lack of standing. 

2. Complainants failed to engage in good faith settlement negotiations. 

Complainants filed their complaint on November 18, 2015. Prior to filing that 

complaint on October 21, 2015 Complainants through their attorney sent the letter 

attached as Exhibit 1. The letter offered to refrain from filing the complaint if all 

members of the Choteau County Commission and all members of the Joint Airport 

Board tender their resignations. Complainants' attorney sent a similar letter to the 

City of Choteau demanding the resignation of the Mayor. See Exhibit 2. 

14 C.F.R § 16.2l(a) requires that, "(a) Prior to filing a complaint under this part, a 

person directly and substantially affected by the alleged noncompliance shall 

initiate and engage in good faith efforts to resolve the disputed matter informally 

with those individuals or entities believed responsible for the noncompliance." 

[Emphasis added]. Complainants' sole effort at resolution was an unconditional 

demand that the elected heads of both the City and County of Choteau, along with 

the Joint Airport Board members, resign within two weeks of the demand. The 

demand is patently unreasonable as it would render the City, County and Board 

unable to function. Moreover, as noted by the attorney for the City, neither the 

Respondent Chouteau County, Montana's Motion to Dismiss Complainants' Part 16 Complaint Page 2 
Office of the Chief Counsel 

FAA complaint process nor any other legal action could result in the removal of 

the named officials from their offices. Complainants proposed a "resolution" 

which they knew would be rejected out of hand as the sole method of settling their 

complaint. Their actions clearly were not undertaken in good faith. Since the 

statute requires good faith efforts prior to filing a complaint the proper response is 

for the complaint to be dismissed. 

For the foregoing reasons Choteau County respectfully requests that the abovereferenced Complaint be dismissed with prejudice. 

Sincerely, 

l:!fff:i OM 

Attorney for Chouteau County, MT 

Enclosures 

Respondent Chouteau County, Montana's Motion to Dismiss Complainants' Patt 16 Complaint Page 3 
Office of the Chief Counsel 

Certificate of Service 

I certify that I have this day served the foregoing Respondent Chouteau County, 

Montana's Motion to Dismiss Complainants' Part 16 Complaint on the following 

persons at the following addresses, postage pre-paid: 

Adrian A. Miller 

HOLLAND & HART LLP 

401 North 31st Street 

Suite 1500 

P.O. Box 639 

Billings, Montana 59103-0639 

Brian Lilletvedt 

335 Fourth Avenue 

P.O. Box 7152 

Havre, MT 59501 

Office of the Chief Counsel 

FAA Part 16 Docket Clerk, AGC-600 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Dated this 23'ct day of December, 2015. 

Respondent Chouteau County, Montana's Motion to Dismiss Complainants' Part 16 Complaint Page 4 
HOLLAND&HART. 

October 21,2015 

SENT VIA CERTIFIED MAIL AND EMAIL 

Stephen Gannon 

Chouteau County Attorney 

1309 Franklin Street 

P.O. Box 459 

Fort Benton, MT 59442 

Re: Confidential Settlement Offer 

Subject to Mont. R. Evid. 408; MCA § 26-1-813 

Dear Steve: 

Adrian A. Miller 

Phone (406) 896-4612 

Fax (406) 206-0081 

AAMitler@hollandhart.com 

I write on behalf of Safer Medical of Montana. My client is contemplating bringing a 

complaint with the FAA alleging that the City, the County, and the Joint Airport Board have 

violated their Airport Sponsor Assurances, which can be found at: 

https://www.faa.gov/airports/aip/grant_assurances/media!airport-sponsor-assurances-aip.pdf 

The basis for this claim is that Safer Medical of Montana has been treated unequally. We believe 

that this is a violation of the assurance against economic nondiscrimination, Assurance 

Number 22, among others. In addition, we believe the City, County, and Board have made false 

statements to the FAA regarding their compliance with the assurances. 

The purpose of this letter is to offer a settlement. Safer Medical of Montana will not file 

a civil complaint with the FAA if the Chouteau County Commissioners and the members of the 

Joint Airport Board tender their resignations. Please let me know your response by November 4, 

2015. 

AAM/asf 

8160600_1 

Ho!I<HJd&Hart 1.1.~ 

f'~>one :~ :;iO] :· '• ~ 2166 filx :4,~,l>l 252-15-'.i9 www.ho!Lmdh<>rt.com 

Sincerely, 

)J~JJ'.--

Adrian A Miller 

EXHIBIT I 

·~01 ;-h,tf; l1•.t •;:iH·'l S111r'~ l SiJ\l !ld!'inQS,(vri ~9101 M;uling Address ?.0 F:h). (,3·; B'lllin;~s. MT S9103-063l1 
HOLLAND&HAI-t'T ~ :,-;::_,;-

October 21, 201 S 

SENT VIA CERTIFIED MAIL AND EMAIL 

Jordan Crosby 

Ugrin, Alexander, Zndick & Higgins, P.C. 

#'2 Railro!:ld Square: Suite B 

P .0. Bo' 1746 

Urcat Fails. rv!T 59403 

Rc: Cnnfidcntial Settlement Offer 

Subject to Mnnt. R. EYid. 408; MCA § 26-l-813 

Adrian'.A<MJIIer 

Phone (406} 896-•!612 

Fax (4DG) :w6-00B1 

AAr·liller@hOIIandhnrt,coni 

;.:",· j-.;!,':(1-: 

-·-.'11,;>:_ 

! write on behalf of Safer Iv1edical oflvlontana. l'vly client is contemplating bringing a 

~nmplaint with the FAA alleging thut the City, the County, and the Joint Airport Board have 

viulatcd their /\irport Sponsor Assunmces. which cnn be tOund nt: 

ht t ps: / j \V\ \'\\'. !'aiJ, gt l v /::1 i rpd ns/ a i p/ grant~. <Jssu r<ltl ccs/ media/ ui rporl -sponsor-a ~su rances-ai p. pdf 

rhc basis for· this c!nim is that Safer lV1cdic..:a! or tvlonUl113 ha~ been treated unequally. \Ve believe 

that this is a violation nf the assurance against economic nondiscrimination, Assurance Number 

22, among nthers. In addition, we believe the City. County, and Board have made false 

statcmcnls to the Fi\A regarding their compliance with the assurances. 

The purpose ofthis letter is to olkr a sctilcmem. Sater Mctlical orrvlontana will notlile 

a civil Cl1mplaint with the 1-',,\/\ i!" \·l8yor Rick ~~lon·is tenders his r~sign:1tion. Please let me 

know your response by No\-t2mbet :J.. :2.0l5. 

Sincere-ly, 

( i .·•t .~ • 

', .... /-.....':!_;{J\r·- __ __. 

Adrian 1\. Miller 

!\A?vl!asl' 

EXIDBIT2