UNITED STATES DEPARTMENT OF TRANSPORTA 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

C E 1 W 

[K FEB 1 9 2010 

AIRPORT/EN'VIRONMENTAL 

LAW, AGC-600 

VENICE JET CENTER, LLC 

Complainant, 

FAA Docket No. 16-09-05 

n 

CITY OF VENICE, FLORIDA, 

Respondent. 

RESPONDENT CITY OF VENICE, FLORIDA'S 

MOTION TO DISMISS 

— H 

CO 

CD 

Pursuant to 14 C.F.R. Section 16.19, Respondent City of Venice, Florida ("City") by its 

undersigned counsel, respectfully moves the Federal Aviation Administration to dismiss the 

Complaint filed by Venice Jet Center, LLC ("VJC") in this matter." 

As set forth in greater detail in the City's 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, VJC's Complaint should be dismissed because recent events have 

rendered its claims moot. In November 2009, the federal Receiver appointed to oversee VJC 

applied for, and on January 10,2010 received federal District Court approval to sell all of VJC's 

assets, including its rights under a lease with the City at the Venice Municipal Airport 

("Airport"), to a third party, Tristate Aviation Group of Florida, LLC ("Tristate"). VJC is no 

The City filed an Answer and Motion to Dismiss in September 2009, in response to VJC's Complaint. Because 

subsequent events have rendered VJC's claims moot, the City respectfully requests that the FAA dismiss the claims 

on grounds of mootness, as it is no longer necessary for the FAA to reach a decision on the merits (which were 

argued in the City's original Motion to Dismiss and accompanying Memorandum of Points and Authorities). 

Therefore, this motion is filed pursuant to 14 C.F.R. § 16.19 rather than § 16.23. 
longer a tenant or user of the Airport, and no longer has any rights or interests as an FBO under a 

lease at the Airport. Its request to build hangars on its leasehold is no longer pending. 

Moreover, the amount of compensation VJC receives fi-om the sale of its assets is not tied in any 

way to the outcome on the merits of this proceeding. As VJC is no longer an Airport tenant and 

no longer an applicant to construct new hangars at the Airport, and does not have a legal interest 

in the outcome of the proceeding, its Part 16 Complaint should be dismissed as moot. 

Respectfully submitted on behalf of the Respondent City of Venice, this 18* day of 

February, 2010: 

Robert C. Anderson 

Hall & Anderson, P.A. 

1314 East Venice Avenue, Suite E 

Venice, Florida 34285 

randerson(a),hall-anderson.com 

Telephone: (941) 480-0999 

Facsimile: (941) 480-1446 

Thomas R. Devine 

W. Eric Pilsk 

Kaplan Kirsch &, Rockwell LLP 

1001 Connecticut Ave NW, Suite 800 

Washington, DC 20036 

tdevine@kaplankirsch. com 

epilsk@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@kaplankirsch.com 

Telephone: (212) 836-4048 

Facsimile: (646)514-5440 

Counsel for Respondent City of Venice, FL 
CERTIFICATE OF SERVICE 

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

FLORIDA'S MOTION TO DISMISS 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 MOTION TO DISMISS 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 

Icopy 

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

FLORIDA'S MOTION TO DISMISS 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(a),faa.eov 

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 

ravmond. veatch(a),faa. gov 

ICopy 

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