# HOLLAND&HART

-

# --:J

March 9, 2016


### VIA CERTIFIEDMAIL -RETURNRECEIPTREQUESTED and VIA E-MAIL 9-AWA-AGC-Part-16@faa.gov Office ofthe ChiefCounsel 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: SaferMedical ofMontana and George Ackerson v. City ofFortBenton, Montana, Chouteau County, Montana, and Chouteau CountyJointAirportBoard FAA Docket No. 16-15-12
To Whom it may concern: Pursuant to 14 CFR § 16.23(e), SaferMedical ofMontana and George Ackerson ("Complainants") file this Reply to the City ofFortBenton's ("City") Answerto the Complaint inthe above-referenced docket. In response to paragraphs 32 and 74 ofthe Complaint, the City denies that there are often large trucks at the Airport as a result ofMr. Taylor's chemical business. Mr. Taylor sells chemicals to farmers, who use the chemicals in their ground rigs. In orderto obtainthese chemicals, farmers arrive at Mr. Taylor's hangars and pickthem up intheir trucks. Itis unclear howthe City believes farmers obtain chemicals for the ground rigs ifthey do not utilize trucks. In fact, Complainants drove by Mr. Taylor's hangars onMarch 7, 2016, and noticed several large trucks related to the chemical business. Complainants took a photo ofthe trucks, which is attached hereto as ExhibitA. This is not an unusual day at the Airport. These types ofvehicles are frequently at Mr. Taylor's hangars picking up or dropping offchemicals. In response to paragraph 33 ofthe Complaint, the City denies that Mr. Taylor has an apartment located in one ofhis hangars. Instead, the City qualifies thathe has sleeping quarters and a bathroom. Whether you label it as an "apartment" ornot, 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 S9103-0639 Aspen Boulder Carson City Colorado Springs Denver DenverTech Center Billings Boise Cheyenne Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D

.C.

..**~**

# HOLLAND&HART w 

# IIIJ Office ofthe ChiefCounsel March 9, 2016 Page 2 hangar because there may be a chance that it could somedaybe occupied for an extended period oftime. Complainants are subjectto different rules than Mr. Taylor. The City states in response to paragraph 30 and 44 ofthe Complaint that Mr. Taylor's "sale ofMonsanto chemicals is related to his aeronautical operations." As already explained, Mr. Taylor sells chemicals to farmers, who utilize those chemicals intheir ground rigs. This has nothing to do with Mr. Taylor's aeronautical spraying operation. In fact, Complainants have no idea howthe sale ofchemicals to otherpeople 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 notutilizing airplanes to apply the chemicals.' Mr. Taylor's business ofselling 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, buthave allowed Mr. Taylorto conduct his non-aeronautical business at the Airport for years. In response to paragraph 55 ofthe Complaint, the City states that the process of reviewing and evaluating all ofthe existing airport leases is "ongoing." The Citypromised in the June 23,2015 letter to the FAAthat it would evaluate all ofthe existing leases to ensure they are compatible with appropriate airport operations. That review did not take placeprior to Complainants filing this FAA case. Ifit has since been initiated, then it is news to Complainants. Nonetheless, the City has known about Mr. Taylor's operation for years. Complainants pointed outmultiple times intheir 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 notreply to the remainder ofthe City'sAnswer at this time, but specifically reserve the right to submit evidence disputing the City'sresponses in the future.

AAM/asf Enclosure Sincerely,

Adrian A. Miller

1Complainants 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 ofService Office ofthe ChiefCounsel 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 ofFort Benton blilletvedt@bkdlaw.org Mitchell A. 

### Young MontanaAssociation ofCounties 2717 Skyway Drive Suite F Helena, Montana 59602 Attorney for Chouteau County, MT myoung@mtcounties.org
Dated this 9th day ofMarch, 2016.

Adrian A. 

### Miller 8555048

_1