Federal Aviation Regulation - 14 CFR Part 16

FORMAL COMPLAINT AGAINST 

THE WAHOO AIRPORT AUTHORITY

WAHOO MUNICIPAL AIRPORT, WAHOO, NEBRASKA

FAA Identifier: AHQ, FAA Docket No. 16-14-08 

January 12, 2015

Page 1 of 4

Complainant Motion to Make Corrections to Complainant January 4, 2015 

Reply to Respondent December 19, 2014 Answer to Complaint.

Certified Certificate of Service

I hereby certify that I have this day served the foregoing Complainant Motion to Make 

Corrections to Complainant January 4, 2015 Reply to Respondent December 19, 2014 Answer to 

Complaint, for our Title 14, Chapter I Subchapter B, Part 16 - Formal Complaint on the 

following person at the following address, by USPS Priority Mail 2-Day:

TO: Respondent – Law Firm Sent Via USPS Priority Mail 2-Day

Larry Kaplan

Keith Yamaguchi

200 W. Madison Street, Suite 1600

Chicago, IL 30303

Dated this 12th day of January, 2015

________________________, 

William Foster – Better Airports, LLC

Agent for Complainant - FAA Docket No. 16-14-08

Walker Luedtke, Walker Ag Supply, LLC, Complainant

Brad Gage, Midwest Spray Services, LLC, Complainant

Better Airports, LLC – Agent for Complainant – 4504 North Versailles Ave, Dallas, TX 75205

1

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better 

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
Federal Aviation Regulation - 14 CFR Part 16

FORMAL COMPLAINT AGAINST 

THE WAHOO AIRPORT AUTHORITY

WAHOO MUNICIPAL AIRPORT, WAHOO, NEBRASKA

FAA Identifier: AHQ, FAA Docket No. 16-14-08 

January 12, 2015

Page 2 of 4

Complainant Motion to Make Corrections to Complainant January 4, 2015 

Reply to Respondent December 19, 2014 Answer to Complaint.

Certified Certificate of Service

I hereby certify that I have this day served the foregoing Complainant Motion to Make 

Corrections to Complainant January 4, 2015 Reply to Respondent December 19, 2014 Answer to 

Complaint, for our Title 14, Chapter I Subchapter B, Part 16 - Formal Complaint on the 

following person at the following address, by USPS Priority Mail 2-Day:

TO: FAA - Sent Via USPS Priority Mail 2-Day

Office of the Chief Counsel

Attention: FAA Part 16 Docket Clerk

AGC-600

Federal Aviation Administration

800 Independence Avenue SW

Washington, DC 20591

Dated this 12th day of January, 2015

________________________, 

William Foster – Better Airports, LLC

Agent for Complainant - FAA Docket No. 16-14-08

Walker Luedtke, Walker Ag Supply, LLC, Complainant

Brad Gage, Midwest Spray Services, LLC, Complainant

Better Airports, LLC – Agent for Complainant – 4504 North Versailles Ave, Dallas, TX 75205

2

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better 

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
Federal Aviation Regulation - 14 CFR Part 16

FORMAL COMPLAINT AGAINST 

THE WAHOO AIRPORT AUTHORITY

WAHOO MUNICIPAL AIRPORT

WAHOO, NEBRASKA

FAA Identifier: AHQ

FAA Docket No. 16-14-08 

January 12, 2015

Page 3 of 4

Complainant Motion to Make Corrections to Complainant January 4, 2015 

Reply to Respondent December 19, 2014 Answer to Complaint.

I, William Foster, agent for Complainant, submit this Complainant Motion to Make Corrections 

to pages 1 – 12 of the Complainant January 4, 2015 Reply to Respondent December 19, 2014 

Answer to Complaint.

In Complainant follow up reviews of the Complainant Reply to the Respondent Answer to the 

Complaint, unintentional incomplete and inaccurate statements were found.

The Complainant by Motion to the FAA Office of the Chief Counsel requests the attached 1 - 12

replacement pages to correct the record of the Complainant Reply to replace pages 1 – 11 of the 

original Complainant Reply dated January 4, 2014.

The Pages to be replaced in the original January 4, 2015 Reply submission are pages 1 – 11, with

attached pages 1 - 12.

The Agent for the Complainant, William Foster, was negligent in making sure the correct pages 

were included in the final Reply by the Complaint.

Please accept this Motion for correction to Mr. Foster’s blunder and oversight, and replace the

attached pages 1 – 12 for the original pages 1 – 11 as on the original page 12, only the 1st

paragraph is replaced. This submission is designed to be a direct replacement of pages 1 – 11 of 

the original January 4 Complainant Reply with the attached 1 – 12 pages, and the included 

Corrected additional page 12, as only the 1st paragraph of the original Reply page 12 is replaced, 

all the remaining paragraphs and pages of the original Complainant Reply remain.

----REMAINING PAGE IS INTENTIONALLY LEFT BLANK----

3

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better 

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
FAA.FAA Docket No. 16-14-08

January 12, 2015

Page 4 of 4

Complainant Motion to Make Corrections to Complainant January 4, 2015 

Reply to Respondent December 19, 2014 Answer to Complaint.

Conclusion

The Complainant by this Motion to the FAA Office of the Chief Counsel requests the attached 1 

- 12 replacement pages to correct the record of the Complainant Reply to replace pages 1 – 11 of 

the original Complainant Reply dated January 4, 2014.

Thank you for your consideration of the Complaint Motion to Make Corrections to Complainant 

January 4, 2015 Reply to Respondent December 19, 2014 Answer to Complaint.

Dated this 12th day of January, 2015

________________________, 

William Foster – Better Airports, LLC

Agent for Complainant - FAA Docket No. 16-14-08

Walker Luedtke, Walker Ag Supply, LLC, Complainant

Brad Gage, Midwest Spray Services, LLC, Complainant

William Foster, Better Airports, LLC – Agent for Complainant – 4504 North Versailles Ave, Dallas, TX 

75205 – Telephone Office 214-219-5000, Mobile 214-477-7077

4

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better 

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
Pages 1 – 12 are Corrected Pages to Complainant Reply to Respondent December 19, 2014 

Answer to Complaint, if there is Pending FAA Director Approval, Please Insert these Corrected 

Pages 1 – 12 in the Original Complainant Reply Dated January 4, 2015.

Federal Aviation Regulation - 14 CFR Part 16

FORMAL COMPLAINT AGAINST

THE WAHOO AIRPORT AUTHORITY

WAHOO MUNICIPAL AIRPORT

WAHOO, NEBRASKA

FAA Identifier: AHQ

FAA Docket No. 16-14-08 

January 4, 2015

Complainant Reply to Respondent December 19, 2014 Answer to Complaint.

Certified Certificate of Service

I hereby certify that I have this day served the foregoing Complainant Reply to Respondent December 

18, 2014 Answer to Complaint, for our Title 14, Chapter I Subchapter B, Part 16 - Formal Complaint on 

the following person at the following address, by USPS Priority Mail Delivery:

TO: Respondent – Law Firm Sent Via USPS Priority Mail Delivery

Larry Kaplan

Keith Yamaguchi

200 W. Madison Street, Suite 1600

Office Telephone 312-345-3000

Dated this 5th day of January 2015

________________________, 

William Foster – Better Airports, LLC

Agent for Complainant - FAA Docket No. 16-14-08

Walker Luedtke, Walker Ag Supply, LLC, Complainant

Brad Gage, Midwest Spray Services, LLC, Complainant

Better Airports, LLC – Agent for Complainant – 4504 North Versailles Ave, Dallas, TX 75205

1

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
Federal Aviation Regulation - 14 CFR Part 16

FORMAL COMPLAINT AGAINST 

THE WAHOO AIRPORT AUTHORITY

WAHOO MUNICIPAL AIRPORT

WAHOO, NEBRASKA

FAA Identifier: AHQ

FAA Docket No. 16-14-08 

January 4, 2015

Complainant Reply to Respondent December 19, 2014 Answer to Complaint.

Certified Certificate of Service

I hereby certify that I have this day served the foregoing Complainant Reply to Respondent December 

18, 2014 Answer to Complaint, for our Title 14, Chapter I Subchapter B, Part 16 - Formal Complaint on 

the following person at the following address, by USPS Priority Mail Delivery:

TO: FAA - Sent Via USPS Priority Mail Delivery

Office of the Chief Counsel

Attention: FAA Part 16 Docket Clerk

AGC-600

Federal Aviation Administration

800 Independence Avenue SW

Washington, DC 20591

Dated this 5th day of January, 2015

________________________, 

William Foster – Better Airports, LLC

Agent for Complainant - FAA Docket No. 16-14-08

Walker Luedtke, Walker Ag Supply, LLC, Complainant

Brad Gage, Midwest Spray Services, LLC, Complainant

Better Airports, LLC – Agent for Complainant – 4504 North Versailles Ave, Dallas, TX 75205

2

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
Federal Aviation Regulation - 14 CFR Part 16

FORMAL COMPLAINT AGAINST 

THE WAHOO AIRPORT AUTHORITY

WAHOO MUNICIPAL AIRPORT

WAHOO, NEBRASKA

FAA Identifier: AHQ

FAA Docket No. 16-14-08 

January 4, 2015

Complainant Reply to Respondent December 18, 2014 Answer to Complaint.

I, William Foster agent for Complainant, submit this Complainant Reply to Respondent December 18, 

2014 Answer to Complaint.

Because the Respondent did not answer the allegations one by one, instead they made wide 

blanket statements of denial of all Grant Assurances and wide blanket statements that all the 

Complainant has said in their Formal Complaint is false. It makes it almost impossible to 

accurately reply to the Respondent’s disingenuous statements that are not based on the facts, 

without re-writing the entire Complaint back into this “Reply” to the Respondent Answer 

document. To have to show all the supporting evidence again in the Complaint to refute the false 

blanket statements that do not address the alleged Grant Assurance violations one by one as 

required by 14 CFR Part 16 §16.23 (h).

The Complainant will attempt to set the record straight, against such grand, and general, false statements 

in the body of the Answer and in the multiple Affidavits.

Each of the alleged Grant Assurance violation had specific evidence and facts to support the claim. The 

Complainant envisioned each alleged Grant Assurance stated violation would be denied, admitted, or a 

pass, in specific detail. Not a menu list choice of SMC 1 through 12.

For Example, an answer of say SMC-2 is the Respondent response for all the photographs in a specific 

Item Number “X” where the Respondent has not uniformly enforced the Minimum Standards to keep 

the trash clear and chemical containers securely stored at the AG Hangar on a specific date. The 

Respondent has not given a direct answer to the specific allegations in that Item Number in the 

Complaint. Each Item Number “X” in the Complaint is about a specific alleged Grant Assurance 

Violation on a specific date, as each event on each date is a separate proven Grant Assurance Violation, 

proven one after the other, proven year after year. 

It is difficult for the Complainant to “Reply” to such a wide gap of needed missing credible detail saying 

the Respondent position on each and every detailed allegation to agree, deny, or pass as to the alleged 

Grant Assurance Violation. There may be actually as many as 300 alleged violations of Grant 

Assurances, for each Item of alleged Issues there may be 4 alleged violations of Grant Assurances 

within each Item Number “X”. 

3

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
The Complainant does not believe the Respondent “Answer” fully meets the requirements of 14 CFR 

Part 16 §16.23 (h). 

The issues are alleged Grant Assurance Violations and the Respondent Answer to over 940 pages of 

evidence, and over 110 alleged Grant Assurance Violations with possible more than say 300 individual 

Grant Assurance violations.

Here is the Respondent “Answer” to the Complaint of the (say) 300 alleged Grant Assurance Violations. 

Respondent make one blanket statement of denial of all (say) 300 alleged Grant Assurance Violations as 

their Answer on Page 5, last paragraph shown here:

The entire 940+ page Formal Complaint is about alleged Grant Assurance Violations and the 

Respondent has denied each and every one of the violations in a 4 line statement, directly above. 

With this handicap of having to “Reply” to such a blanket statement when the Respondent later in the 

“Answer” does admit the evidence given in the Complaint was true as to Grant Assurance Violations.

In spite of what the Complainant believes are improper answers, or non-responsive answers by the 

Respondent, the Complainant will do their best to not re-visit the entire Complaint again, even though 

the blanket false general blanket statements by the Respondent could require it. The Complainant feels 

compelled to not let the Respondent’s false statement stand without a Reply, with the facts and the truth 

that are already in the Complaint and in this “Reply”.

The Complainant will follow the order of presentation of the Respondent Answer of December 18, 2014 

and try and match up with the actual alleged numbered Item and Issues found in the Formal Complaint.

Respondent Answers page 2

Complainant Reply

4

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
As required by 14 CFR Part 16 §16.23 (h) the Respondent has not specifically answered the specific 

alleged issues in in the Respondent Answer and the allegations in the Formal Complaint of Grant 

Assurance Violations.

Respondent Answers page 3

Complainant Reply

The Respondent states in YELLOW above that in 2010 that the Board established a limit to the number 

of planes allowed to conduct aerial applications business at one time, and limited the number of 

operators allowed to be on the WMA. That is a true statement as in December of 2011 the WAA did 

vote to limit the number of aerial spray operations. Mr. Jarod Storm even voted to limit the number of 

aerial operators as is evidence from the meeting notes. This again shows how the WAA has shown 

preferential treatment towards Mr. Storm by allowing him to sit in and directly impact the outcome of 

votes upon the WMA.

When Walker Ag Supply and Midwest Spray service used the airstrip in 2011 for seven (7) days there 

were zero (0) chemical spills. Hence the implied statement that there were spills is completely 

misleading and not correct. 

To limit the number of planes and number of operators allowed to be on the WMA is a violation of 

Grant Assurance 22 and Grant Assurance 23 that are not part of the Complaint, yet are now WAA 

admitted acts that are violations.

The Respondent above statement gives a false impression of their attempt to maintain control of risks 

associated with chemical spills. Going back to 2010, then whey in the Complainant are there aerial 

photographs that show a great deal of chemical spill stains going away from Storm Flying Service 

Leased AG Hangar containment pad that have been there for years as evidence by the degree of stains.

5

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
Below is a copy of the stains outside the containment pad flowing away from the containment, as also 

shown in the Complaint. Also note all the chemical container off the concrete containment pads next to 

the hangar, they are on grass and dirt. Aerial taken in September of 2013:

The Respondent references “Affidavit of Melissa Harrell attached as Exhibit 21” as the source for the 

statement in YELLOW:

This statement in part is not factual as evidenced by the aerial photo of chemical leaks here and photos 

in the Complaint that the WAA is “NOT” active to maintain control of the risks associated with 

chemical spills. The facts here and in the Complaint do not support this statement by Ms. Harrell.

Chemical Stains from Chemical 

Leaks flowing away from the 

Containment pad for years, to 

create such vast stains as seen 

from and Aerial in September of 

This is a lower grade then 

the containment pad, per 

Jared Storm’s ground 

elevation survey copy in 

the Complaint. 

AG Hangar 

Containment 

Loading and 

Unloading 

Airplane Pad

Chemical Mixing Containment Pad 

that does not 100% Slope Directly 

to Collecting Containment Pad as 

Required by Minimum Standards

6

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
The Sponsor had years to perfect the risks for chemical spills from Storm Flying Service, a Tenant or 

Operator since the mid-1990s and never did. It was not until the summer of 2013 that Mr. Storm finally 

made a public admission that he cannot use his containment pad because his airplanes are too large for a 

pad that was designed in the 1970s for much smaller airplanes. Storm Flying Service does not use his 

containment pad as required per the minimum standards and our photos and audio recordings show the 

facts surrounding this grant assurance violation as our Formal Complaint goes into great detail on this 

subject. Storm Flying Service had never been told by the WAA he had to use his containment pad 100% 

of the time and to have his airplane cover the containment pad 100% until the WAA received complaints 

from the Complainant starting June 1, 2012. Then the WAA sent a letter to Mr. Storm and allowed him 

to use portable barriers and containment, which is a violation of the WAA minimum standards and 

exactly what Walker Ag Supply was asking to do yet has been denied this use for three years. This letter 

can be found in the Formal Complaint. Unfortunately it appears Ms. Harrell Affidavit statement is 

disingenuous and not supported by the facts. As Mr. Storm still does not use his pad as required. The 

facts are in the photos, audio tapes and documentation.

When Complainant asked Ms. Harrell via a Public Record Request for copies of all Chemical Spill 

Reports, as per the State Law and the SPCC that all spills are to be reported in a spill report, Ms. Harrell 

reply was they had no chemical reports. Yet the public apron in front of and on the down slope, slopes 

away from the AG containment pad is completely stained with chemical spills. 

Respondent Answer continued page 3

Complainant Reply

Mr. Walker Luedtke was not instructed by the WAA to satisfy five conditions as Mr. Patrick Burke 

states in his Affidavit found in Exhibit 20.

In particular Mr. Walker Luedtke was never told he had to use his portable containment pad as Mr. 

Patrick Burke states. Mr. Luedtke had a portable containment pad available in his mobile unit in case of 

spill that is all he agreed to. Which is no different than what Mr. Storm is allowed to do even to this 

day. Mr., Luedtke was NOT required to use portable containment in 2011 as he fell under the 14 day 

exemption rule of the Department of Agriculture. Unlike Mr. Storm for 2012, 2013, 2014 where he still 

continues to not use his containment, Storm knows it, the airport knows it yet Storm is allowed to 

7

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
continue to operate not meeting the required minimum standards. In fact, this false statement by Mr. 

Burke was demonstrated to be false in the Complaint when Mr. Luedtke challenged Mr. Burke for 

saying such a false statement in the WAA Board Meeting, when Mr. Burke said all the board heard that 

Mr. Luedtke was required to use a portable containment pad, when someone in the audience said, well 

ask them [the WAA Board who all were sitting there] and there was dead silence as no other WAA 

Board member would defend Mr. Burke’s statement. No other WAA Board Member would confirm 

Mr. Burke’s statements that Mr. Luedtke finally had to call a “lie” after Mr. Burke kept repeating it, and 

has again now. All of these Complainant statements have been produced as evidence in the Complaint 

in transcript and in audio recordings of the WAA Board meeting where this took place.

A citizen attendant in the audience even said if it was a requirement to have portable containment it 

would also be in the minutes of the WAA Board meeting and no minutes described Mr. Patrick Burke’s 

false statements found in his untruthful Affidavit.

Again, a Complainant Side Note to the FAA

When the Respondent says there are no Grant Assurance Violations and all stated violations in the 

Complaint are false and not true, the Complainant does not feel it necessary, expected, or a proper use of 

the Director’s time to have to repeat all the evidence in the Complaint now in this Reply.

In order for the Complainant to be efficient and to save everyone’s time, the Complainant will not restate and reproduce all the facts in the Complaint again here in this Replay and will reference the 

Complaint as the record of facts and for the Director to look there to see the facts that have been 

demonstrated instead of one’s disingenuous words in an Affidavit.

Complainant continued Reply

Mr. Burke’s Affidavit statements were not supported by any of the other WAA Board Members when 

they had the chance to in the public Board Meeting, and Mr. Burke’s false statements of requirement 

were not stated or found in the WAA Board Meeting Minutes of record.

Remember this was a special WAA Board Meeting specifically ONLY to address Mr. Walker Luedtke 

access to the Airport for July 27, 2011 for 7 days. This was the only purpose of the July 21, 

2011meeting and there has always been a history of good detailed minutes taken of all WAA Board 

Meetings.

All the other WAA Board Members had only complements for Walker Luedtke for the aerial spraying 

work and access to the Airport during his 7 days of use starting July 27, 2011. The complements to Mr. 

Luedtke by all the other WAA Board members can be found in the Complaint.

8

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
Here is a December 19, 2011 public statement by then WAA Chairman Mr. Mert Oden at the WAA 

Board Meeting that complemented Walker Luedtke on the job he did using the Airport in July of 2011 

for the seven (7) days starting on July 27, 2011:

19:45 minutes into the recording of the December 19, 2011 WAA Board Meeting

Mert Oden – Airport Board Chairman states:

Weren’t we successful with the location we sprayed from Last Year [July 2011 with the 2nd operator 

[Walker Luedtke]? We had one small conflict with a person that was not very proper in what he was 

accusing us of down there [south end of the Airport next to the Corporate Hangar].

Patrick Burke replies to Chairman Mert Oden question and statement:

OK, but that wasn’t what I, the locations that you had given, the locations that you had shown me on the 

diagram where on this.

Mert Oden replies to Patrick Burke:

That plus at the same area using the same locations of the concrete in the area.

----End of Transcript Selected Section----

The Complainant purpose in showing this transcript is the WAA Chairman demonstrated that the 

location that Walker Luedtke was instructed to use at the Airport was successful and Patrick Burke’s 

reply was “OK, but that wasn’t what I was [addressing now]”.

Another public statement by WAA Chairman Mr. Mert Oden at a WAA Board Meeting on January 16, 

2012 he states about Walker Luedtke use of the Airport July 27, 2011 for seven (7) days:

At 0:46:00 minutes into the audio recording of the January 16, 2012 WAA Board Meeting.

Mert Oden – Airport Board Chairman states:

About last year Patrick Burke stated problems “There was not a problem” and two (2) other WAA 

Board Members are heard to support by saying in agreement “no problem” [with Walker Luedtke’s use 

of the Airport for an Aerial Application Operation]. 

Here is another public statement made by then WAA Chairman Mr. Mert Oden at the February 13, 2012 

Board Meeting where Mr. Oden complemented Walker Luedtke on the job he did using the Airport in 

July of 2011 for the seven (7) days starting on July 27, 2011:

At 0:41:03 minutes into the audio recording for 30 seconds at the February 13, 2012 WAA Board 

Meeting.

Mert Oden – Airport Board Chairman states:

“We allowed you [Walker AG Supply] to come on and use a taxiway to move your planes, even park 

your planes, it wasn’t a problem. So, so, were not trying, and I’m not picking on you. I like you; you 

are a friend of mine. All the farmers are friends, I just want the facts to be exposed to where they are, 

and this is where we are.”

9

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
Mr. Mert Oden went on to say at the July 13, 2012 WAA Board Meeting about the great job Mr. Walker 

Luedtke did in his use of the Airport in late July 2011, where Mr. Oden stated:

0:17:47 minutes into the recording for 11.2 minutes.

Mert Oden – Airport Board Member makes the statement:

“I have no problem with where you ended up locating or what the situation was [in 2011] or if you 

didn’t use a spill prevention pad or whatever, but the indication were that you were and I never said a 

word to you about that and I’m still not going to condemn you for it or say you did a bad thing. You 

[Walker AG Supply] did a hell of a job last year, okay?”

During the time Mr. Walker Luedtke and Walker AG Supply operated an Aerial Spray Operation for 

seven (7) days at the Airport starting on July 27, 2011 Mr. Pat Burke had only been a WAA Board 

Member for 16 days, and WAA Chairman Mr. Mert Oden had been a WAA Board Member for some 36 

+ years.

Mr. Walker Luedtke was taking his directions and seeking approvals for any needed changes as the 

circumstances changes; with 1.5” of rains the night before and made the grass impassable for a fully 

loaded semi-tractor and trailer; the ability to have another airplane to help finish up the spraying for only 

two (2) days, for time is critical to the farmers crops in the application of chemicals by all the 

Commercial Aerial Sprayers; the final location on the Airport as the true details are seen on site, VS 

from imaginary vision from a board room; ALL decisions and application of what the WAA wanted 

from Mr. Luedtke and Walker AG Service was directed and approved directly in the field, at the Airport 

on the days Mr. Luedtke was using the Airport by the WAA Chairman, Mr. Mert Oden. All decisions 

and permissions were done by Mr. Oden the Chairman of the WAA and not Mr. Patrick Burke who had 

only been a WAA Board Member for 16 days.

Out of respect to Mr. Burke a new Board Member he was communicated with as well as Mr. Oden by 

Mr. Luedtke, yet it was the permissions and approvals by the Chairman, Mr. Mert Oden, that Mr. 

Luedtke looked to as the final advisor on all the Mr. Luedtke did those seven (7) days of operating at the 

Airport starting on July 27, 2011.

As for Mr. Burkes issues with Mr. Luedtke using the airport in 2011 prior to any Minimum Standards 

being enacted. Again, Mr. Luedtke’s contact with the airport was Mr. Mert Oden board president not 

board member Mr. Burke. Mr. Luedtke repeatedly met and called Mr. Oden to ensure that that the way 

he was conducting operations was acceptable to the WAA. Mr. Oden has repeatedly not backed up Mr. 

Burkes statements in board meetings and publicly said he took no issues along with other board 

members in the way Mr. Luedtke operated in 2011. It is and was very apparent to Mr. Luedtke in 2011 

when they did use WAA that he would have issues with Mr. Burke. Mr. Burke repeatedly called or came 

to the airport every time Mr. Luedtke used the airstrip and told Mr. Luedtke he needed to do this, do 

that, move here, move there, don't do this, don't do that, you have to do this, you have to do that. All 

while Mr. Luedtke’s contact with the airport was with board president Mr. Oden not Mr. Pat 

Burke. Mr. Burke seems to be the only person that takes issue with the way Mr. Luedtke operated in 

2011. Even though Mr. Luedtke worked very hard to meet Mr. Burkes demands. If the way Mr. Luedtke 

operated in 2011 was so unsafe, why did Mr. Burke bring his son to the airstrip and do touch and goes 

all afternoon when all three of Mr. Luedtke’s spray planes (according to Mr. Burke without radios) and 

Mr. Storms two planes were using the airstrip to conduct operations? The formal complaint details other 

aspects of this issue.

10

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
What seems to be occurring is the WAA Board Members except Mr. Burke thought Mr. Luedtke did a 

“fine” job at the Airport as an Aerial Applicator Operator. It is only Mr. Burke who at the time, had 

only been a board member since July 11, 2014, some 10 days prior to the first July 21, 2011 WAA 

Board Meeting Mr. Burke references falsely as having some conditions that were not met, yet were also 

not stated in the vote or the WAA Board Meeting Minutes as required conditions.

It is most likely Mr. Burke at the time was trying to make a name for himself as the new member when 

all the other WAA Board Members had been there from 6 years to 36 + years. Mr. Burke may have felt 

he had tall shoes to fill for he took an aggressive stand against Walker Luedtke and has not let up since, 

apparently to justify his extreme positions since his becoming a WAA Board Member on July 11, 2014. 

Again, Mr. Burke had only been a WAA Board Member just 16 days before Walker Luedtke submitted 

100% of the required paper work and started flying aerial spraying on July 27, 2011 for a total of seven 

(7) days at the Airport. That documentation was all provided in the formal complaint.

Below is a copy of the July 21, 2011 “Special Meeting” WAA Board Minutes that does not support in 

any way Mr. Patrick Burke’s false Affidavit statements in Exhibit 20 in the Answer.

Mr. Burke’s Affidavit statement that was also not truthful is where he states:

“Unfortunately, Luedtke violated all of the conditions” [for access to aerial spray for seven days starting 

July 27, 2011]. 

11

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08
Mr. Burke professed this above statement with “Luedtke was authorized to operate at the WMA if he 

satisfied five conditions: 1) that he operate at the end of the taxi lane [which Mr. Luedtke did until Mr. 

Mert Oden the then Chairman of the WAA Board allowed him to move to a different spot some forty feet 

(40) farther North to allow easier maneuvering of the spray planes which still did not impact any users 

of the airport as evidence by Mr. Doug Robinsons e-mail to Mr. Luedtke pertaining to his use of the 

apron area near his Hanger.]; 2) that he use a portable containment pad [Complainant has already 

shown this to be a false statement here and in the Complaint, that even all the other WAA Board 

Members will not support Mr. Burke’s claim]; (3) that he keep his trucks on the grass, not the taxiway 

[Mr. Luedtke agreed to keep a “Loaded Truck” off the concrete taxiways, and he only went off the grass 

when it had rained1.5” the night before and to save the grass from being torn up with extensive mud 

ruts, at 6:30 AM in the morning Mr. Luedtke unloaded his semi-trailer to remove all the weight so he 

could drive on the pavement to the approved staging area and not ruin the grass. The truck was not 

loaded and that is what he had agreed to. NOTE that all the WAA requested delivery of fuel is from an 

80,000-90,000 lbs. fuel truck that drives on the apron and taxiways every delivery, many of Mr. Storms 

deliveries come in semi-trucks and those trucks drive on aprons and taxiways. Yet these trucks weight 

far more than Mr. Luedtke’s mobile truck that services his aerial spray operation and Mr. Burke 

contends that these are OK yet Mr. Luedtke is in Violation.]; (4) that he operate with no more than two 

airplanes With crops needed sprayed for disease and insects, time is of the essence, one day difference 

in spraying or not spraying can make 100’s of dollars difference for the farmer. That year Mr. Luedtke’s 

time was running out to service his growers using best management practices. So a crop duster pilot and 

plane with all insurance and pilot license papers was brought in to help finish the contracted acres. Mr. 

Luedtke informed than Chairman of the WAA Board Mr. Mert Oden. Yet all of this is already in the 

Complaint; 5) the airplanes have to have radios [even though it is not a FAA requirement and many of 

the supposed 47 operations per days very likely would not have radios] Mr. Luedtke did have radios for 

two (2) airplanes. The third airplane that had radio issues used a radio from Mr. Burke himself. For the 

use of the radio and the unfortunate breaking of a belt clip off the radio Mr. Luedtke paid Mr. Burke $35 

(check #2387) for the clip on the handheld radio, for a belt. 

----End of Corrected January 12, 2015 Insert to Complainant Reply to Respondent Answer dated 

December 19, 2014----

Next is page 12 in the Original January 4, 2015 Complainant Reply to Respondent Answer dated 

December 19, 2014, commences after the first (1st) paragraph on the original January 5, 2015 filed 

Complainant Reply on page 12, as the 1st paragraph has been replaced with this document.

This insert is inserted on Page 12 and replaces the 1st paragraph and all pages and paragraphs in 

original document going back to and including all of page 1.

“All this is in the Complaint and it is clear again that Mr. Patrick Burke’s Affidavit statements are 

disingenuous at best, or Mr. Burke is just being vindictive to save face even now for his statements from 

the time he was a new, only 16 days on the WAA Board, and was trying to make a name for himself and 

defends it today, at all costs, including knowing making false statements in his now included exhibit #20 

Affidavit.”

This page “12” is a duplicate page“12” to overlay the Original page “12” first paragraph only, 2nd

paragraph on remains as Complainant Reply.

12

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better Airports, 

LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC – Complainant -

Delivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014 - Docket: 16-14-08