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BAIRD, WILLIAMS & GREER, L.L.P. 

6225 NORTH 24TM STREET, SUITE 125 

PHOENIX, ARIZONA 85016 

TELEPHONE (602) 256-9400 

Daryl M. Williams (004631) 

Attorneys for complainant 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Valley Aviation Services, LLP, an Arizona 

limited liability partnership. 

Complainant, 

vs. 

The City of Glendale, an Arizona 

municipality, 

Respondent. 

No. 16-09-06 

Notice of Errata 

to 

Response to Motion to Dismiss 

Comes now Valley Aviation Services, L.L.P., an Arizona limited liability partnership, and 

gives notice that it is filing herewith declaration of George Van Houten by way of an errata to the 

response to motion to dismiss filed Friday, October 30, 2009. 

On page 13, lines two through four of the response to motion to dismiss reference is made 

to on-the-spot inspections made by the city as attested by an affidavit of George Van Houten. The 

affidavit dealing with submitted failed to deal with the subject of on-the-spot inspections was 

inadvertently omitted. Attached hereto is the declaration of George Van Houten dealing with the 

subject of on-the-spot or unannounced inspections as referenced on page thirteen. 

Dated this 2nd day of November 2009. 

yl ML Williams 

lird, Williams & Greer, LLP 

622CNOISI 24* Street, Suite 125 

Phoenb^Arizona 85016 

Attorneys for complainant 
1 MAILING CERTIFICATION 

2 Original and three copies delivered this 2nd day of November 2009 via certified U.S. 

3 Mail, postage prepaid to: 

4 Office of Chief Counsel 

Attn: FAA Part 16 Airport Proceedings Docket 

5 AGC-610, Room 925 

Federal Aviation Administration 

6 800 Independence Ave., S.W. 

Washington, D.C. 20591 

7 

8 

9 

I hereby certify that I have this day served the foregoing Notice of Errata on the 

following person at the following address via email and certified U.S. Mail, postage prepaid: 

10 E. Tazewell Ellett 

William L. Elder 

11 Hogan & Hartson, L.L.P. 

Columbia Square 

12 555 13th St., NW 

Washington, DC 20004 

13 wlelder(a),hhlaw.com 

Counsel to the City of Glendale, Arizona 

14 

15 A copy of this Notice of Errata has been delivered via email this same day to: 

16 Mr. Tony Garcia 

Western-Pacific Region 

17 Federal Aviation Administration 

15000 Aviation Blvd 

18 Hawthorne, CA 90250 

Anthony.GarciafSlF 

19 

20 

21 

22 

23 

24 

25 
DECLARATION OF GEORGE VAN HOUTEN 

I, George Van Houten, under penalty of perjury, declare: 

1. I have been involved as an equity owner in the management and the 

operation of the hangars presently owned'by Valley Aviation Services, LLP, since the early 

1990s. During that period of time I have had mteractions with the various airport managers. Ruth 

Fisher was tlie airport manager up until early 1994. She was followed by an acting airport 

manager, Bruce Burrows, who was replaced in December 1994 by James McCue. Mr. McCue 

continued as the airport manager until 2001, when Michael Munroe was the acting auport 

manager until Mark Ripley became the manager. Mark Ripley served until 2006, when Mr. 

Munroe became the acting manager again until he was, I am informed, fired, and replaced by 

Judy Skeen, the present airport manager. I have had very Umited interaction with Judy Skeen. 

2. Wifli the exception of Ms. Skeen, each of the prior airport managers and acting 

airport managers have told me tiiey had tiie right to uispect ttie hangars owned by Valley 

Aviation at any time they chose. They have done so. 

3. The letter attached as exhibit A was written by Jun McCue to my co-owner, 

Richard J. Smith. I personally talked to McCue about this letter, and he informed me that he was 

aware of non-aviation uses in hangars because he had inspected them without notice and, as a 

result, sent this notice of default seeking to terminate our lease. 

4. It was a couple of weeks later that Mr. McCue seijt us a nine-day notice of mtent 

to inspect all the hangara. This nine-day notice is attached as exliibit B. 

5. About a month later, Mr. McCue wrote the letter attached as exhibit C requiring 

tenants to open their hangars or tiie city would cut the locks off so the city could enter the 

hangars to do an inspection. 
6. Unnannounced inspections became routine. Indeed, in 1999 the airport manager 

sent the letter attached as exhibit D informing us the city had the right to do on-the-spot 

inspections. 

7. The city's routine, unannounced inspections of our hangars has been ongoing 

since at least 1999. Tlie various airport managers or other airport employees have come to our 

ofQce and announced that they wanted to see particular hangars and required us to open tiiem up 

on the spot. We have always complied. This has meant that we have often cut tenants' locks off 

without notice to the tenant so the city could do an inspection as demanded. 

8. Evenhially, it was necessary for us to inform all of our tenants that they could not 

put their own. locks on the hangars because the city demanded on-the-spot access for inspection 

without notice. The inspections of our hangars and T-shades occurred regularly. Airport vehicles 

would drive up and down the hangar and T-shade rows lookmg for violations. They would peer 

through cracks and partially opened doors and then demand that we immediately open the 

hangars if they were suspicious. This was a weekly, sometimes daily, occurrence. 

Dated this J£a^day of October, 2009, 

OeorgtJ Van Hputen 
I 'll 

Exhibit A 
Mr. Richard J. Smith 

dba Smith Enterprises 

1840 East Thux-ston 

Spokane, Washington 99203 

June 15/ 1995 

Dear Mr. Smith: 

It has come to our attention that certain hangar tenants of 

Smith Enterprises are using .the leased premises for purposes 

other that the storage and parking of aircraft. 

I bring to your attention Article II B 3, of your Lease 

Agreement, which reads in part as follows:"It is specifically . 

understood and agreed upon between the Lessee arid Lessor that 

the demised premises shall be used only for the storage and 

parking of aircraft and that the general public shall have the 

right of reasonable access for aircraft transit through the 

premesis. Aircraft maintenance, repair, washing, commercial 

operation, or any other activity not specifically described by 

this agreement is prohibited unless prior written approval has 

been granted by the Aviation Director". 

In particular, tenants which to our knowledge are not using the 

leased premises for purposes of storing or parking aircraft are 

located in D-11, D-27, 1-20. The tenants in D-11 are storing 

boxes; the tenants in B-27 have sold their aircraft; the tenants 

in 1-20 are storing A/C parts. This improper use of the leased 

premises must cease. 

In the event any other tenants are using the leased premises for 

any purposes.other than the storing and parking of aircraft, 

such use of the premises also must cease. So that there is no 

misunderstanding between, us, the City has not approved and does 

not approve the use of the leased premises except as provided i 

for in Article II B 3. 

Mr. Smith, since leasing hangar space for other than the storage 

and parking of aircraft is in direct violation of your existing 

lease, you are hereby notified that the City deems you to be in 

default of your obligations under the lease, I.E.: the 

obligation to use the leased premises only for the storage and 

parking of aircraft. 

If the default is not cured within 30 days of receipt of this 

CD0O42O' " ~ 

Oily ol Glerulalo . . , . _ 

Glendale Munidpal Airport • 6801 North Glon Haitor Blvd. Suite 201 • Glendale, Arizona 85307 • (602) 931-5555 • FAX D72-1278 
notice, The City shall terminate the lease pursuant to Article 

IX A 3. 

A am sending you a copy of this letter by 1st Class mail in the 

event that you do not accept your certified mail. Should you 

have any questions, feel free to call at any time. 

.Regards, , ^ ' ^ 

cc: Ken Martin, Deputy City Manager 

Chris Ware, Asst. City Attorney 

Airport Advisory Commission 

Dean Stryker 

A ..A. E. 

Airport Manager 

CLD0421 
REC8VED J'JL0 5 835 

GLENQ|t£ 

Mr. Dean Stryker 

Manager 

Glendale Airport Hangars 

6635 N. Glen Harbor Blvd. 

Glendale, AZ. 85307 

July 3, 1995. 

Dear Mr. Stryker: 

At a recent meeting of the Aviation Advisory Commission, the 

Commission directed that Airport Management should conduct an 

inspection of the Airport Hangars. Under Article XV of you 

current agreement, an inspection is authorized. Airport 

Management and City Code Enforcement personnel will conduct the 

inspection. 

It is felt this notification will allow for proper advance 

planning on your part as we would like to conduct this 

inspection on July 12th at 9:00 A.M. We will meet with you in 

your office at that time. 

Should you. have any questions, please feel free to call at any 

time. 

'-^a^ 

< 

'James J. ftcCue, A.A.E. 

Ai«port Manager 

cc: Ken Martin, Dep. City Manager y -

Chris Ware, Asst. City Attorney v/ 

Steve Speer, Airport Specialist 

Richard Smith 

GLEN0272 ~ 

Clly of Glendale 

Glendale Municipal Airport • 6801 North Glen Haitor Blvd. Suite 201 • Glendale, Arizona 8S307 • <60d) 931 -5565 • FAX 872-1278 
Exhibit B 
GLENQte 

REcavEo j'Ji 0 5 m 

Mr. Dean Stryker 

Manager 

Glendale Airport Hangars 

6635 N. Glen Harbor Blvd. 

Glendale, AZ. 85307 

July 3, 1995. 

Dear Mr. Stryker: 

At a recent meeting of the Aviation Advisory Commission, the 

Commission directed that Airport Management should conduct an 

inspection of the Airport Hangars. Under Article XV of you 

current agreement, an inspection is authorized. Airport 

Management and City Code Enforcement personnel will conduct the 

inspection. 

It is felt this notification will allow for proper advance 

planning on your part as we would like to conduct this 

inspection, on July 12th at 9:00 A.M. We will meet with you in 

your office at that time. 

Should you have any questions, please feel free to call at any 

time. 

Sincerely, 

/james J. McCue, A.A.E. 

Airport Manager 

cc: Ken Martin, Dep. City Manager ^ 

Chris Ware, Asst. City Attorney v/^ 

Steve Speer, Airport Specialist 

Richard Smith. 

GLEN0272 T 

Clly of Glendale 

Glendale Municipal Airport* 6801 North Gien Harbor Blvd. Suite 201 • Glendale, Arizona 85307 • {BOi.) 931-5555 • FAX 872-1278 
Exhibit C 
STE 1970 PRDF. OFFICES ID:509-624-5001 flU6 08'95 9:48 No.002 P.04 

August 3, 1995 ajSS| E 

Glendale Airport Hangara 

6635 N. Glen Harbor Blvd. 

Qlendale Municipal Airport 

Glendale, AZ. 85307 

Attnt Dean Stryker 

Dear Mr. Strykeri 

Several weeka ago, you were notified that an inspection of the 

Glendale Hangars would be taking place on a given day and time. 

However, i£ a hangar tenant requested a different time for Inspection, 

we made every effort to accommodate that request. To date, the 

response has been favorable, . but there are tenants that have not 

complied with the request to open hangars or have disregarded the 

request. 

As it is necessary to inform the Aviation Advisory Commission of- the 

results, we must cornplet'e the remainder of the inspections by August 

16th. The hangars which need inspection are: A-1, A-7, A-15, B-19, 

B-22, D-Xl, D-14, D-33, D-24, 0-86, I-2WS, 1-4, 1-7, 1-8, 1-21. Should 

the above hmigars not be inspected by August 16 th, it will be 

necessary to remove the looks to facilitate said inspection. 

Also, with regard to the inspections, no one has been evicted. There 

has been some misunderstanding either by your office or some other 

quarter. However, all information will be presented to the Aviation 

Advisory Commission and a request for approval will be made to take 

4r actions that will insure full compliance with all lease 

provisions. 

should you have any questions, please - feel ..free to call at any 

time, 

James J. McCue, A.A.B. 

Airport Manager 

cci Blaine Scruggs, Mayor 

.Dr. Martin Vanacour, City Manager 

Ed Beasley, Asst. City Manager 

Ken Martin, Dep. City Manager 

Chris Hare; Asst. City Attorney 

Richard Smith \/ ^ 

CIlyofGUendiUe 

Qtondal* Muntdpal Airport • 6801 North Olen Harbor Blvd. Bulto 201 • Qlmdalo, Arizona 85307 • (802) 931-5S65 • FAX 872*1278 

CL00346 
Exhibit D 
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