UNITED STATES DEPARTMENT OF TRANSPOR 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. WRPORT/ENVIRONMENTAL 

LAW. A6C-600 

VENICE JET CENTER, LLC 

Complainant, 

FAA Docket No. 16-09-05 

CITY OF VENICE, FLORIDA, 

Respondent. 

RESPONDENT CITY OF VENICE, FLORIDA'S OPPOSITION TO 

TRISTATE AVIATION GROUP OF FLORIDA LLC'S 

MOTION TO INTERVENE AND FOR JOINDER AS CO-COMPLAINANT 

On February 2,2010, Tristate Aviation Group of Florida, LLC ("Tristate") filed a motion 

with the Federal Aviation Administration ("FAA") requesting leave to intervene or to be joined 

as a Co-Complainant in the above-captioned Part 16 proceeding ("Motion to Intervene"). 

Tristate acquired the assets of Complainant Venice Jet Center ("VJC") in November 2009, and it 

now seeks to use that acquisition to serve as a basis for joining this proceeding initiated by the 

Receiver overseeing VJC.^ 

' Having sold the assets that were the subject of this proceeding, VJC is no longer a tenant or user of the City's 

airport and its claims are therefore moot. Accordingly, the City is filing a Motion to Dismiss VJC's Complaint 

simultaneously with its Opposition to Tristate's Motion to Intervene. 
Pursuant to 14 C.F.R. Section 16.19(c), Respondent, by its undersigned covmsel, 

respectfully requests that the FAA deny Tristate's motion for several reasons. ^ First, Part 16's 

procedures do not provide for intervention at this stage of a Part 16 proceeding nor do they 

provide for joinder at any stage. Second, there is no actual controversy between Tristate and the 

City, and Tristate therefore lacks standing to bring a Complaint against the City. Third, Tristate 

has not presented to the City any proposal to develop the former VJC leasehold, and the City, 

therefore, has not denied any proposal by Tristate. Moreover, Tristate has stated that it has no 

inmiediate plans to develop the site. Accordingly, any claim asserted by Tristate is unripe. In 

addition, Tristate's Motion to become a co-complainant should be denied because Tristate has 

failed to comply with the requirement in 14 C.F.R. Section 16.21 that it engage in efforts at precomplaint resolution before filing a formal complaint. 

In the alternative, and in the event that the FAA allows Tristate to intervene and join as a 

co-complainant in this matter, the City respectfiilly requests that FAA (1) require Tristate to file 

a complaint of its own setting forth the current facts that Tristate contends show that the City is 

not in compliance with its federal obligations; and (2) allow the City to answer and respond to 

that complaint pursuant to 14 C.F.R. § 16.23. 

In support of its Opposition to Tristate's Motion to Intervene, the City respectfiilly directs 

the FAA's attention to its Memorandum of Points and Authorities in Support of its Motion to 

Dismiss and Opposition to Tristate's Motion to Intervene and For Joinder as a Co-Complainant, 

and accompanying exhibits, all of which are filed concurrently herewith. 

^ Respondent City of Venice, Florida ("Venice") requested and received an extension of time to file its Opposition 

until February 18,2010. 

271857-1 
Respectfiilly submitted on behalf of the Respondent City of Venice, this 18th day of 

February, 2010: 

Robert C. Anderson 

Hall «& Anderson, P.A. 

1314 East Venice Avenue, Suite E 

Venice, Florida 34285 

randerson@hall-anderson.com 

Telephone: (941) 480-0999 

Facsunile: (941)480-1446 

Thomas R, Devine 

W. Eric Pilsk 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave NW, Suite 800 

Washington, DC 20036 

tdevine(5),kaplankirsch. com 

epilsk(a).kaplankirsch.com 

Telephone: (202) 955-5600X568 

Facsimile: (202) 955-5616 

Arthur P. Berg 

Kaplan Kirsch & Rockwell LLP 

445 Park Ave., 9th Floor 

New York, New York 10022 

aberg(a),kaplankirsch.com 

Telephone: (212) 836-4048 

Facsimile: (646)514-5440 

Counsel for Respondent City of Venice, FL 

271857-1 
CERTIFICATE OF SERVICE 

I hereby certify that I have served the foregoing RESPONDENT CITY OF VENICE, 

FLORIDA'S OPPOSITION TO TRISTATE AVIATION GROUP OF FLORIDA LLC'S 

MOTION TO INTERVENE AND FOR JOINDER AS CO-COMPLAINANT on the following 

party at the following address by overnight delivery on February 18, 2010: 

Office of the Chief Counsel 

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 

Room 925 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Original and 3 copies by overnight delivery 

I also hereby certify that I have served the foregoing RESPONDENT CITY OF VENICE, 

FLORIDA'S OPPOSITION TO TRISTATE AVIATION GROUP OF FLORIDA LLC'S 

MOTION TO INTERVENE AND FOR JOINDER AS CO-COMPLAINANT on the following 

persons at the following addresses by overnight delivery on February 18,2010: 

Gianluca Morello, Esq. 

Dominique Pearlman, Esq. 

WIAND GUERRA KING P.L. 

3000 Bayport Drive, Suite 600 

Tampa, FL 33607 

Fax No. (813) 347-5199 

1 copy 

Richard L. Richards, Esq. 

RICHARDS & ASSOCIATES 

232 Andalusia Avenue, Suite 202 

Coral Gables, FL 33134 

Fax No. (305) 448-2229 

1 copy 

I also hereby certify that I have served the foregoing RESPONDENT CITY OF VENICE, 

FLORIDA'S OPPOSITION TO TRISTATE AVIATION GROUP OF FLORIDA LLC'S 

MOTION TO INTERVENE AND FOR JOINDER AS CO-COMPLAINANT on the following 

persons via electronic mail at the following addresses on February 18,2010: 

Jonathan Cross 

Manager 

Airports Law Branch, AGC-610 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

RM900E 

Washington, DC 20591 

Fax No. (202) 267-5769 

jonathan.cross(2),faa.gov 

ICopy 

Dated this 18* day of February, 2010: 

Raymond Veatch 

Senior Attorney 

Airports Law Branch, AGC-610 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

RM900E 

Washington, DC 20591 

Fax No. (202) 267-5769 

raymond. veatch(g>,faa. gov 

ICopy