HOLLAND&HART- --:J 

March 9, 2016 

VIA CERTIFIED MAIL -RETURN RECEIPT REQUESTED 

and VIA E-MAIL 9-AWA-AGC-Part-16@faa.gov 

Office of the Chief Counsel 

Attention: Sharon Long 

AGC- 600 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Adrian A. Miller 

Phone (406) 896-4612 

Fax (406) 206-0081 

AAMiller@hollandhart.com 

Re: Part 16 Complaint: Safer Medical of Montana and George Ackerson v. City 

of Fort Benton, Montana, Chouteau County, Montana, and Chouteau 

County Joint Airport Board 

FAA Docket No. 16-15-12 

To Whom it may concern: 

Pursuant to 14 CFR § 16.23( e), Safer Medical of Montana and George Ackerson 

("Complainants") file this Reply to the City of Fort Benton's ("City") Answer to the Complaint 

in the above-referenced docket. 

In response to paragraphs 32 and 74 of the Complaint, the City denies that there are often 

large trucks at the Airport as a result of Mr. Taylor's chemical business. Mr. Taylor sells 

chemicals to farmers, who use the chemicals in their ground rigs. In order to obtain these 

chemicals, farmers arrive at Mr. Taylor's hangars and pick them up in their trucks. It is unclear 

how the City believes farmers obtain chemicals for the ground rigs if they do not utilize trucks. 

In fact, Complainants drove by Mr. Taylor's hangars on March 7, 2016, and noticed several large 

trucks related to the chemical business. Complainants took a photo of the trucks, which is 

attached hereto as Exhibit A. This is not an unusual day at the Airport. These types of vehicles 

are frequently at Mr. Taylor's hangars picking up or dropping off chemicals. 

In response to paragraph 33 of the Complaint, the City denies that Mr. Taylor has an 

apartment located in one of his hangars. Instead, the City qualifies that he has sleeping quarters 

and a bathroom. Whether you label it as an "apartment" or not, Mr. Taylor has guests who stay 

overnight at his hangar. Complainants were required to remove similar accommodations at their 

Holland & Hart LLP 

Phone [406] 252-2166 Fax [406] 252-1669 www.hollandhart.com 

401 North 31st Street Suite 1500 Billings, MT 59101 Mailing Address P.O. Box 639 Billings, MT S91 03-0639 

Aspen Boulder Carson City Colorado Springs Denver Denver Tech Center Billings Boise Cheyenne Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. .. ~ 
HOLLAND&HARTw IIIJ Office of the Chief Counsel 

March 9, 2016 

Page 2 

hangar because there may be a chance that it could someday be occupied for an extended period 

of time. Complainants are subject to different rules than Mr. Taylor. 

The City states in response to paragraph 30 and 44 of the Complaint that Mr. Taylor's 

"sale of Monsanto chemicals is related to his aeronautical operations." As already explained, 

Mr. Taylor sells chemicals to farmers, who utilize those chemicals in their ground rigs. This has 

nothing to do with Mr. Taylor's aeronautical spraying operation. In fact, Complainants have no 

idea how the sale of chemicals to other people for them to apply using ground vehicles could be 

related to Mr. Taylor's airplane spraying business. In such a circumstance, Mr. Taylor is not 

selling the chemicals for aeronautical use and the farmers are not utilizing airplanes to apply the 

chemicals.' Mr. Taylor's business of selling chemicals is a commercial, non-aeronautical use of 

his hangars. Again, Complainants are subject to different rules than Mr. Taylor. Complainants, 

who have never utilized their hangars for any commercial business, were singled out and 

required to promise (in writing) that they would not use their property for non-aeronautical 

purposes. The Defendants refused to seek a non-aeronautical use exception for Complainants, 

but have allowed Mr. Taylor to conduct his non-aeronautical business at the Airport for years. 

In response to paragraph 55 of the Complaint, the City states that the process of 

reviewing and evaluating all of the existing airport leases is "ongoing." The City promised in the 

June 23,2015 letter to the FAA that it would evaluate all ofthe existing leases to ensure they are 

compatible with appropriate airport operations. That review did not take place prior to 

Complainants filing this FAA case. If it has since been initiated, then it is news to Complainants. 

Nonetheless, the City has known about Mr. Taylor's operation for years. Complainants pointed 

out multiple times in their negotiations with the Defendants that Mr. Taylor was likely not in 

compliance with the Airport Assurances and that Complainants were being treated differently 

than Mr. Taylor. Defendants ignored Complainants' concerns. 

Complainants will not reply to the remainder of the City's Answer at this time, but 

specifically reserve the right to submit evidence disputing the City's responses in the future. 

AAM/asf 

Enclosure 

Sincerely, 

Adrian A. Miller 

1 Complainants acknowledge that Mr. Taylor may also be hired by farmers to spray chemicals via airplane over their 

property. That is obviously different than the farmers applying chemicals with their own ground vehicles. 
HOLLAND&HART-~ 

Certificate of Service 

Office of the Chief Counsel 

March 9, 2016 

Page 3 

I hereby certify that I have this day caused the foregoing reply to be served on the 

following persons at the following addresses by first class mail, postage prepaid, with courtesy 

copies by electronic mail: 

Brian Lilletvedt 

Bosch, Kuhr, Dugdale, Martin & Kaze, PLLP 

335 Fourth Avenue 

P.O. Box 7152 

Havre, Montana 59501 

Attorney for City of Fort Benton 

blilletvedt@bkdlaw.org 

Mitchell A. Young 

Montana Association of Counties 

2717 Skyway Drive 

Suite F 

Helena, Montana 59602 

Attorney for Chouteau County, MT 

myoung@mtcounties.org 

Dated this 9th day of March, 2016. 

Adrian A. Miller 

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