Bette¥ Airports Better Airports, LLC 

Federal Aviation Regulation -14 CFR Part 1 

FORMAL COMPLAlNT AGAINST 

THE WAHOO AIRPORT AUTHORITY 

WAHOO MUNICIPAL AIRPORT 

WAHOO, NEBRASKA 

FAA Identifier: AHQ 

FAA Docket No. 16-14-08 

Page 1 of32 

November 24,2014 

Complainant Answer to Respondent Amended Motion for Extension of Time 

to Answer the Complaint, from November 21, 2014 to December 19, 2014. 

Certified Certificate of Service 

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

amended Motion for Extension of Time to Answer the Complaint, from November 21, 2014 to 

December 19,2014, for our Title 14, Chapter I Subchapter B, Part 16- Formal Complaint on the 

following person at the following address, by USPS Mail First Class Mail Delivery: 

TO: Respondent- Sent Via First Class Mail 

Ms. Melissa Harrell 

City of Wahoo - City Administrator/Clerk/Treasurer 

Ex Officio of the Wahoo Airport Authority 

605 North Broadway 

Wahoo, NE 68066 

Office Telephone 402-443-3222 

Dated this 24th day of November, 2014 

William Foster- Better Airports, LLC 

For Complainant- FAA Docket No. 16-14-08 

Walker Ag Supply, LLC, Complainant 

Midwest Spray Services, LLC, Complainant 

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

Bett~orts Better Airports. LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

1 
Better Airports, LLC 

Federal Aviation Regulation- 14 CFR Part 16 

FORMAL COMPLAINT AGAINST 

THEW AHOO AIRPORT AUTHORITY 

WAHOO MUNICIPAL AIRPORT 

WAHOO, NEBRASKA 

FAA Identifier: AHQ 

FAA Docket No. 16-14-08 

Page 2 of32 

November 24, 2014 

Complainant Answer to Respondent Amended Motion for Extension of Time 

to Answer the Complaint, from November 21,2014 to December 19, 2014. 

Certified Certificate of Service 

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

Amended Motion for Extension of Time to Answer the Complaint, from November 21, 2014 to 

December 19, 2014, for our Title 14, Chapter I Subchapter B, Part 16- Formal Complaint on the 

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

TO: FAA 

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 24th day of November, 2014 

William Foster- Better Airports, LLC 

For Complainant- FAA Docket No. 16-14-08 

Walker Ag Supply, LLC, Complainant 

Midwest Spray Services, LLC, Complainant 

- Sent Via Priority Mail 

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

Bett~rports f:klfer Airport,;, LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014 ·Docket: 16-14-08 

2 
Federal Aviation Regulation- 14 CFR Part 16 

FORMAL COMPLAINT AGAINST 

THEW AHOO AIRPORT AUTHORITY 

WAHOO MUNICIPAL AIRPORT 

WAHOO, NEBRASKA 

FAA Identifier: AHQ 

FAA Docket No. 16-14-08 

Page 3 of32 

November 24,2014 

Complainant Answer to Amended Motion for Extension of Time to Answer 

the Complaint, from November 21, 2014 to December 19, 2014. 

I, William Foster agent for Complainant, submit this Answer to Amended Motion for Extension 

of Time to Answer the Complaint, from November 21, 2014 to December 19, 2014. 

As it is now November 24, 2014, and the 20 days for the Respondent to answer the Complainant 

was due November 21, 2014, it is evident the Respondent has not prepared an answer, even 

though they have had the Complaint since the Complainant hand delivered to the Respondent on 

September 22, 2014, now some 63 days prior to this date. 

The Complainant wants to be reasonable and at this late hour, 48 hours after the due date for a 

complete Answer to the Complaint, we do not want to be a part of the problem. 

Therefore, the Complainant wants to make two statements for the record, being the purpose of 

this Answer to the Amended Motion for extension of time to answer the Complaint, from 

November 21,2014 to December 19,2014. 

Complainant First Overall Statement in this Answer is - Complainant has many concerns as 

stated in this Answer, yet Complainant now does not take a position of opposition, to the 

Amended Motion to extend the time to answer the Complaint from November 21,2014 (three (3) 

days ago) to December 19,2014, even though the Amended Motion filed on November 18,2014 

continued to be a non-compliant filing, as was the original Motion filed by the Respondent, in 

the opinion of the Complainant. 

As stated now and below, the Complainant has great concerns, and believes the Respondent has 

habitual behaviors that do not show respect for the FAA, The 14 CFR Part 16 process, or the 

Complainant. These Complainant beliefs are substantiated by the Respondent in their continued 

behaviors as described in Number 1 (a), (b), and (c) below. 

Bett~rports Belter Airportli, LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

3 
Page 4 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

The existing problem is the November 21,2014 due date for the Respondent to file an answer to 

the Complaint has passed. To demand a due date that has passed will not help the process, 

therefor again we state, the Complaint now, after the due date, is taking the position of not being 

in opposition or supporting the amended Motion for an extension of time to answer the 

Complaint by the Respondent. 

Complainant Second Overall Statement in this Answer -

The Complaint hereby states for the record their concerns with the quality of the original Motion 

and now the Amended Motion for extension of time to answer the Complaint from the 

Respondent. We pray we ourselves do not make such mistakes, and are open to the same 

demands, critical reviews, and standards that we all are trying to achieve in this 14 CFR Part 16 

process. 

For the record please note the concerns the Complainant has in reviewing the Motion and 

Amended Motion granting the Respondent an extension of time to answer the Complaint from 

November 21,2014 to December 19,2014. Also the Complainant prays the Respondent does 

actually perform and has their answers to the Complaint filed by requested date of December 19, 

2014. 

The Complainant original opposition and position on the Respondent Motion to extend the time 

to answer the Complaint from November 21,2014 to December 19, 2014 filed on November 18, 

2014 now is removed in this Answer to the Amended Motion, and our position answer is we are 

not in opposition and not supporting the Motion. However, the Complainant must present their 

continued concerns that the Respondent continues the bad player acts and behaviors that are the 

basis of the Formal Complaint, and the same bad player acts continue in the Respondent Motion 

and Amended Motion. 

The Complainant stated in Answer to Motion and now again restated for the Amended Motion, 

again here, as follows: 

Bett~orts Beller Airporto. LLC 

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 

4 
Page 5 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24,2014 

I. In part, the purpose of the Complainant's initia114 CFR Part 16 FORMAL 

COMPLAINT AGAINST THE WAHOO AIRPORT AUTHORITY WAHOO 

MUNICIPAL AIRPORT WAHOO, NEBRASKA FAA Identifier: AHQ FAA Docket 

No. 16-14-08 was to point out our allegations against the Sponsor as to: 

a. To show the Respondent historically has been disingenuous in their statements, as 

they are not based on facts, or the record. 

b. To show the Respondent is a habitual non-compliant party. 

c. To show the Respondent has an infinity of being a rule violator; to the degree it 

appears to the Complainant the Respondent may deem rules are not for them to abide 

by. 

All the above (a), (b), and (c) in this section 1 have critical negative effects on the 

Grant Assurance Program, and the misconducts by Respondent continue to help to 

understand via the 14 CFR Part 16 process, to help determine Compliance by the 

Sponsor, now Respondent. 

2. Now the Respondent first act [first Motion actual filing November 10, 2014], and now 

followed with an amended revised Motion in this 14 CRF Part 16 process shows more 

continued events of Section I (a), (b), and (c) above, in the Respondent Motion to extend 

the time to answer the Complaint. 

a. When making application for aMotion under 16.19 (e) Extension by Motion, it 

requires "A party filing a motion for extension should attempt to obtain the 

concurrence of the opposing party". 

This did not happen in the original Motion. The Respondent never attempted to 

obtain the concurrence of the opposing party, the Complainant. The Complainant 

believes this is a demonstration of Section I (b) and (c) as shown and described above. 

Now, some eleven (II) days after Respondent filed original Motion for an extension 

of time to answer the Complaint, the Respondent's counsel Larry Kaplan contacted 

William Foster, the agent for the Complainant by telephone at 214-477-7077, where 

Mr. Foster tells Mr. Larry Kaplan immediately that Mr. Foster will only communicate 

with the Respondent in writing and not via the telephone. 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airports. LLC 

5 
Page 6 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24,2014 

In this telephone conversation, after Mr. Kaplan being immediately informed that Mr. 

Foster, agent for the Complainant will only communicate with the Respondent in 

writing and not over the telephone, in effect Mr. Foster was requesting the call 

terminate. Mr. Kaplan did not honor Mr. Foster's statement, and continued to ask 

questions and make statements of and to Mr. Foster. 

This is the continued behaviors by the Respondent as described in Section 1 (b) and 

(c) as shown and described above. 

An example of continued disingenuous statements by the Respondent, are those 

statement made in the Amended Motion by Respondent's counsel Mr. Larry Kaplan 

in the last paragraph of his cover letter to the Office of Chief Counsel on November 

18, 2014 for the Respondent Amended Motion for an Extension of Time to Answer 

the complaint. In the last paragraph of the cover letter states, the Mr. Kaplan for the 

Respondent states: 

"We [Respondent] have amended our motion to reflect conversations with 

Complainant's representative [William Foster] regarding whether he would agree to 

the extension. The response unfortunately was not definitive. Complainant also 

refused to accept electronic service. 

Very truly yours, 

KAPLAN, MASSALLILO & ANDREWS. LLC 

Is/ 

Larry S. Kaplan 

LSK:kus" 

Note how Mr. Kaplan writes in his cover letter that "We have amended our motion to 

reflect conversations with Complainant's representative [William Foster] regarding 

whether he would agree to the extension. The response unfortunately was not 

defmitive." 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Beller Airport.'" LLC 

6 
Page 7 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

Of course the response to the question regarding "whether he would agree to the 

extension" was not definitive. Mr. Kaplan was told immediately by Mr. Foster in the 

unsolicited telephone call to Foster that Mr. Foster would only communicate with the 

Respondent in writing, and not over the telephone and if Mr. Larry Kaplan had 

respected Mr. Foster's request that would have been the end of the conversation and 

dialogue and communications would continue in a paper format as the 14 CFR Part 

16 mandates when the Respondent refused to use electronic filing and documents. 

Instead, Mr. Larry Kaplan proceeds to continue to disrespect Mr. Foster's request to 

conduct the communications via writing as the Respondent and his client demands, 

then Kaplan writes to the FAA in a letter, in the Complaints opinion the format and 

words that Mr. Kaplan used to paint a picture of the Complaint, about Mr. Kaplan's 

non-compliant telephone conversation, as if the Complainant is being unreasonable 

and difficult. 

In the very short telephone conversation Mr. Foster did give Mr. Kaplan the courtesy 

of telling him that the Complainant had already filed an Answer to the Respondent's 

Motion stating their opinion and position on the Motion. 

Mr. Kaplan replied he had not seen the filed answer yet, that he had not received it in 

an email. 

Mr. Foster replied that this process does not allow for electronic filings, per the 

demands of the Respondent. 

Mr. Kaplan said that would be changed, and he was going to ask for electronic filings 

to be allowed. 

Mr. Foster replied again that it was the Respondent that demanded only hard copy 

and no electronic filings of any kind. 

Mr. Kaplan again said he would change that. 

Mr. Foster replied by saying he [Kaplan] cannot change to electronic filing without 

the Complainant approval. 

Mr. Kaplan asked, will the Complaint approve [electronic documents]? 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 ficl!cr Airport-;, LLC 

7 
Page 8 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

Mr. Foster said "no". Mr. Foster went on to say, we [Respondent] begged the 

Respondent in writing, with signed by Complainant agreements, back in May of2014 

twice, to allow electronic filings and documents, and the Respondent refused to even 

acknowledge our two (2) written requests. 

As a side note: It took a Nebraska "Public Records Request" from the Complaint to 

the Respondent to prove the Respondent had even received the two requests and 

Complainant signed agreements to have electronic filing. Without the Public Records 

Request documents delivered back to Complaint we would not have the complete 

evidence the Respondent had received our two (2) requests for electronic filing of 

documents and communication. Fortunately, the Respondent finally did acknowledge 

receipt of the Respondent request for electronic filings and documents, that the 

Respondent has signed and was asking the Respondent to sign. 

In Mr. Kaplan own statement of his and the Respondent ability to perform 

"diligence", Kaplan could have easily read within the first I 0 pages of the Formal 

Complaint, with the actually first description of the Respondent refusal to use 

electronic filings and documents since May of 20 I4 was on page 9 and page I 0 with 

full reference to the details on pages 807-8I8 of the Formal Complaint. 

Complainant requested agreement to allow electronic filings and documents with 

Respondent, that was never replied too, as found on page 9 of the formal complaint is 

attached to this filed Answer. The full reference to the details can be found on pages 

807-8I8 of the Formal Complaint, and are not attached here to keep the page count 

down. 

Now the Complainant questions, has the Respondent counsel even read the first I 0 

pages of the Formal Complaint as part of their "diligence" to date now being 

November I8, 2014 in the Respondent cover letter to the FAA, when Mr. Kaplan 

stated "Complainant also refused to accept electronic service" just three (3) days 

before November 2I, 20I4, the Respondent 20 days due date to file an Answer? 

The Amended Motion for extension of time to answer the Complaint is so the 

Respondent can exercise "diligence", to use their own words in their Motion. Yet for 

50 some days it appears the Respondent counsel has not use any "diligence" to even 

get to page IO of the Formal Complaint. 

Bettf"~orts Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better 

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airror(s. LLC 

8 
Page 9 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

At this rate of study and "diligence" by the Respondent the Complainant is concerned 

the Respondent will be back three (3) business days prior to December 19, 2014, the 

original Motion and now amended Motion requests for extension of time to answer 

the Complain, date, asking for another extension, when the Respondent has not even 

used the first 50+ days in a diligent performance to the time of filing the Motions to 

extend the time to answer the Complaint. 

In May of2016 the Respondent refused twice to have electronic documents and 

communications from and to the FAA, and the Complainant. If Mr. Kaplan had 

conferred with his client the Respondent counsel would have also known the 

Complainant rescinded and cancelled the May of 2014 offer for electronic filing of 

documents and communications, on September 22, 2014 the same day the 

Complainant personally delivered the Formal Complainant to the Respondent. A 

copy of the rescinded and cancelled agreement signed by the Complaint is attached to 

this filed Answer to the amended Motion, from the Complaint. 

Therefore, instead of the Respondent correctly representing the history of the multiple 

requests by the Complainant to the Respondent for electronic filings and document 

the Respondent and their counsel Mr. Kaplan within 24 hours of having a 

unapproved telephone conversation with Mr. Foster, again makes a disingenuous 

statement, without respecting context, in the last sentence by Mr. Kaplan the 

Respondent amended Motion November 18, 2014 cover letter, stating "Complainant 

also refused to accept electronic service. " 

What Mr. Kaplan was told by Mr. Foster, by the Respondent refusal to agree to 

electronic filings and communication by electronic service it cost the Complaint 

thousands of dollars in extra expense and hundreds of extra man hours to make the 

Formal Complaint in a non-digital format and that was what the Respondent 

demanded, and "It was table the Respondent set" and that is what will be continued 

and not changed after the thousands of dollars had been spent and 1 OOs of hours to 

comply with the Respondent demands, after all that expense and harm to the 

Complaint it was now going to remain as the Respondent had demand. 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Beuocr Airp011~. LLC 

9 
Page 10 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

Mr. Foster told Mr. Kaplan immediately on the unsolicited telephone call from Mr. 

Kaplan, that any questions Mr. Kaplan has as to the Complainant position on his 

Motion for an extension of time to answer the Complaint would be found in the 

"filed" Complainant Answer to the Motion for extension of time by Complainant as 

filed and served in the mail, and that is when Mr. Foster said that is all there is to be 

said and it is time to say goodbye, and a respectful goodbye was given to Mr. Kaplan 

and Mr. Kaplan acknowledged the goodbye, and the call was terminated. With Mr. 

Foster telling Mr. Kaplan that there is no need to continue the call for all the 

information is in the USPS mailed filed Complainant Answer to the Motion, and the 

Respondent has refused electronic communication, and all documents and 

communications have to be by hard copy delivery. At this time the call ended. 

Yet Mr. Kaplan continued Respondent behavior of Section 1 (s), (b), and (c) as stated 

above. This poor behavior continues because Mr. Kaplan did not respect Mr. Foster's 

request and statement to only communicate in writing as his client the Respondent 

demanded. Just Two (2) minutes after Mr. Foster terminated the telephone call, Mr. 

Kaplan calls Mr. Foster again after this described November 18, 2014, two (2) minute 

and 39 second telephone call was terminated at 1:57 PM. As stated, some two (2) 

minutes later Mr. Kaplan called Mr. Foster back after being told Mr. Foster will only 

communicate in writing. 

This time Mr. Foster did not answer the attempted call, as Mr. Kaplan refused to 

honor, and respect Mr. Foster's statement that all communication with the 

Respondent would have to be in writing. Main reason being there is not a ready 

public record of"telephone calls" or personal face to face meetings, and when there is 

a history of the Respondent making disingenuous statements against the Complainant, 

the Complainant must protect them-self by only having all communications with the 

Respondent in writing. 

In just a very short 2:39 minute telephone call from the Respondent to Complainant, 

when Mr. Foster said communications with the Respondent could only be in writing, 

Mr. Kaplan was still able to make disingenuous statements in his November 18, 2014 

Amended Motion cover letter to the FAA, like as to whether Complainant would 

agree to the extension, "The Response unfortunately was not definitive", and 

"Complainant also refused to accept electronic service". These statements falsely 

stage the Complainant in a possible improper appearance of being unreasonable or 

difficult, for which neither are true. However, it appears to the Complainant the tone 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airports. LLC 

10 
Page 11 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

of Mr. Kaplan's statement about the Complainant was meant to show the 

Complainant as being unreasonable and difficult, for which the Complaint is not. 

Additional proof being now at this late date of three (3) days after the due date for the 

Respondent to answer the Complaint, the Complainant has amended our position to 

not be in opposition, and not be in support, we are now neutral. 

There are enough eyes from the FAA on this problem at this very late date, without 

the Complainant possibly seen as drawing focus from a FAA solution to a poorly 

written and executed Motion and Amended Motion by the Respondent. 

Again, it goes back to the Respondent continued behavior of Section I (a), (b). (c) as 

shown and described above. 

If the Respondent and Mr. Kaplan were truly "diligent", as Respondent says they 

need an extension of time to be "diligent", they would have asked the Complainant 

and preformed the required 14 CFR § 16.19 Motions (e) Extension by motion needed 

action found in only the second sentence of the regulation, where it says "A party 

filing a motion for extension should attempt to obtain the concurrence of the opposing 

party." This was not a hard section requirement to find if one read the requirements 

being "diligent". 

The Respondent and Mr. Kaplan have effectively had since October 30, 2014, the 

date the 20 day clock started for an answer to the Complaint, to seek out the 

Complainant in a non-electronic communication form as demanded by the 

Respondent, to fulfill the requirements of filing a Motion for an extension of time. It 

is not the Complainant's fault or responsibility that the Respondent waited until the 

exact last day to attempt to file a proper Amended Motion for an extension of time to 

answer the Complaint, waiting until November 18,2014 when the due date for an 

Answer to the Complaint is November 21,2014. 

Instead of the Respondent properly owning up to the tardy situation of due dates that 

they created, they make disingenuous statements about the Complaint in their 

Amended Motion, to disingenuously attempt to show some of the blame on the 

Complainant. 

So there is no misunderstanding of what Mr. Foster was doing and saying as agent for 

the Complainant during the one phone call with Mr. Kaplan, when Foster 

immediately stating to Mr. Kaplan on the only telephone call he answered from Mr. 

Kaplan, that Foster will only communicate with the Respondent in writing. 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Beller Airpons, LLC 

II 
Page 12 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

Again stating, one reason being to only communicate in writing so as to limit the 

possible continuance of disingenuous statements made by the Respondent against the 

Complainant. Even after only a short 2:39 minute phone call from Mr. Kaplan, 

Respondent counsel, disingenuous statement against the Complainant were designed 

in the Respondent Amended Motion, signed by Mr. Kaplan, and it only took less than 

24 hours after Foster speaking to Mr. Kaplan for the disingenuous statements to be 

presented to the FAA Office of the Chief Counsel. 

The acts by the Respondent again shows the Respondent continued behaviors of 

Section I (a), (b) and (c), as shown and described above. 

b. According to 14 CFR §16.15 Service of documents on the parties and the agency 

when filing an application for a Motion it requires "Copies of all documents filed 

with the FAA Part 16 Docket Clerk shall be served by the persons filing them on all 

parties to the proceeding. A certificate of service shall accompany all documents 

when they are tendered by filing and shall certify concurrent service on the FAA and 

all parties." 

This did not happen. In original Motion the Respondent did not send copies of their 

motion to two (2) of the complaints, Mr. Walker Luedtke Walker- Ag Supply, LLC 

and Mr. Brad Gage- Midwest Spray Services, LLC as required by 14 CFR §16.15. 

Now again when Amended Motion is also required sending copies to all parties it did 

not happen for Respondent did not send copies of their motion to two (2) of the 

complaints, Mr. Walker Luedtke Walker- Ag Supply, LLC and Mr. Brad GageMidwest Spray Services, LLC as required by 14 CFR § 16.15. 

When the Respondent did send copies of the original Motion to William Foster the 

Agent for Complainant with a certificate of service, the statement of service was a 

false statement. The Respondent certified "I hereby certify that I have this 71

h day of 

November, 2014 served the foregoing motion for an extension of time to answer the 

complaint on the following persons [William Foster] at the following addresses by 

U.S. mail". 

This did not happen as Certified. According to the post mark on the USPS mailed 

envelope that Mr. William Foster (Agent for Complainant) received on Wednesday, 

November 13,2014, the post mark was in the afternoon (PM) on November 10,2014, 

some three (3) days after the Respondent Certified stated date in their Certificate of 

Service. A copy of the late postmarked envelope is attached for the record. 

Bett:jjrports 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Belter Airports, LLC 

12 
Page 13 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

In additional, for the original Motion and the Amended Motion the Respondent did 

not comply with 14 CFR § 16.15 Service of documents on the parties and the 

agency, when the Respondent, when signing the Certificate of Service, did not 

identify themselves and who they were signing for !parry], being the "respondent" or 

"complainant". 

In fact, the apparent author and signer of the Certificate of Service and the original 

Motion and the Amended Motion only signed with a personal name and a name of a 

firm and no other identification, not showing address or complete contact 

information, and again not stating the party they are signing for, spelled out 

"respondent" or "complaint" as required by 14 CFR §16.15, instead it would have to 

be assumed one or the other, or neither. 

The Complainant believes these omissions by the Respondent are a continued 

demonstration of Section 1(a), (b) and (c) as shown and described above. 

c. In regards to the statements in the original Motion for Extension of Time to Answer, 

the Complaint believes the original Motion in part has continued disingenuous 

statements from the Sponsor, now Respondent. 

a. The Respondent made the statement in the original Motion Item No. 1, "The 

COMPLAINT was served on WAHOO on October 30, 2014." 

This is not a true statement. The COMP ALINT was served on theW AHOO 

AIRPORT AUTHORITY, by hand, on September 22,2014 some THIRTY-EIGHT 

(38) days before the Respondent Motion stated date of receiving the Complaint on 

October 30, 2014. 

As of the actual sending date of the original Motion for Extension to the 

Complainant, November 10,2014, the Respondent had the Complaint for some 

FORTY-EIGHT (48) days, far in excess of the regulated (20) days to respond. This 

is more than double the amount of time required to respond, with (11) additional days 

remaining after Motion date to respond to FAA by November 21,2014 due date. 

The Complainant believes there is no new information in the Formal Complaint, be it 

100 pages or 900 plus pages, that the Sponsor does not already have an intimate 

knowledge of, and has known for years. 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airports, LLC 

13 
Page 14 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

Now in the Respondent Amended Motion for extension oftime to answer Complaint, 

the Respondent statement in Item No. 1: 

"1. The Federal Aviation Administration ("FAA") mailed the Notification of the 

Complaint to respond on October 27, 2014." 

The complainant believes this is a disingenuous statement or a making up of new 

terms as there is no "'Notification of the Complaint' to respond on October 27, 

2014". It appears to make the appearance that the Complaint was received on 

October 27, 2014 when the Complaint was hand delivered, in person, to Respondent 

on September 22, 2014. 

The Complainant believes the disingenuous statements in the original Motion and 

now a new statement in the Amended Motion by the Respondent are a continued 

demonstration of Section l(a) and (b) above; and (c) as shown above if the 

Respondent does not meet the 20 day due date, after having more than 58 days to due 

date, November 21, 2014, to respond. 

d. In the Amended Motion, Item No. 2 the Respondent makes the statement "The law 

firm of Kaplan, Massamillo and Andrews LLC was subsequently retained to represent 

Respondent." To the Complainant subsequently would mean after October 27, 2014? 

If this is true than the Respondent has had the Complainant for over 40 days and has 

not prepared for a response to give the FAA, waiting to see if the Complainant is to 

be Docketed. That is a risk the Respondent was willing to take, not retain an attorney 

until after they were Docketed, or is Kaplan, Massamillo and Anderson LLC saying 

they were reviewing the Complaint day one, since September 22, 2014, yet not 

"representing" the Respondent until after October 27, 2014. 

Kaplan, Massamillo and Anderson LLC statement No.2 is as if the Law Firm has not 

heard, seen, studied, discussed, or reviewed the Complaint until after October 27, 

2014. If this is correct than the Complainant believes the Respondent has been 

negligent by not preparing for the FAA to Docket the Complaint. Therefore if the 

Amended Motion for extension of time to answer the Complainant is granted, then 

there is no penalty to not preparing, and all rewards for doing nothing until the 

Docketing is determined, at the expense, time, and penalty of the Complainant who 

has now been waiting for over three (3) years for access to the Respondent Airport. 

Bett~irports Fonnal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from Better 

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airpons. LLC 

14 
Page 15 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No.16-14-08 

November 24, 2014 

The Respondent did not have representation before October 28, 2014, or the Law firm 

was involved prior to October 28, 2014, they just did not have the title of 

"representing" the Respondent. To the Complainant either one of these answers is 

another example of the continued behavior in Section 1 (a), (b), and (c) as shown and 

described above. 

e. The Complainant does not have an automatic objection to an extension of Time to 

answer the Complain. 

The objection the Complainant did in original Motion is we have waited for almost 

three years for access to the Airport. We have been through an informal complaint 

process, and a direct complaint to the Airport process, and have had zero success at 

gaining access to the Airport, and it has been a total delay oftime, now we have 

another request for a delay. 

The Complainant does understands appropriate and necessary delays, and out of 

respect for the process of rules, regulations, statutes, and the Grant Assurance 

Commitments a Respondent makes and needs to defend, is understandable. The 

Motions for extension of time to answer Complaint is not such a case. 

The Complainant believes the Motion for extension of time to answer Complainant 

approval is an unnecessary delay as the Respondent continues to not respect the 

process, the rules of the process, or the complying with the clearly black and white 

regulation requirements of CPR Part 16. Where is the "diligence" on the Respondent 

part day one? 

The Complainant also believes the Respondent continues to show, via their Motions, 

a lack of respect for the process, the FAA, and the Complaint by sending the poor 

work product of the referenced Motion and amended Motion for Extension of Time to 

Answer the Complaint. The Complainant does not believe the Motion warrants the 

respect they are requesting when it was not reciprocated in their own work in the 

Motions. 

Note: The actual Motion and amended Motion documents by the Respondent are not 

even dated, another continued demonstration of Section 1 (b) and (c) as shown and 

described above. 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Bener Airport~. LLC 

15 
Page 16 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

Also note in the original Motion from the Respondent they mention twice their need 

for an Extension of Time so they can be "diligent". The Respondent stated in the 

Motion an Extension of Time so they can "make diligent inquiry'', and "which must 

be diligently investigated". Same term was used in amended Motion in Items No.9, 

stating "In order for Respondent and its counsel to make diligent inquiry of the 

persons referenced in these documents ... " and in No. 10 stating "These documents 

also make reference to numerous dates, events and actions which must be diligently 

investigated in order to reasonably respond to the Complaint." 

The term "diligent" in most know common use cases means "having or showing care 

and conscientiousness in one's work or duties". 

If the Respondent had already been using their so called ability to be "DILIGENT" in 

the presentation of the original Motion and their amended Motion, the Complainant 

would not have taking a position of "Opposition" to their original Motion for 

Extension of Time to Answer the Complaint that is now before the FAA. 

Yet, now as a spirit of cooperation to not cause any more problems than what the 

Respondent already has done, in not meeting the November 21, 2014 filing deadline. 

Summary: Complainant Position and Answer to Respondent Amended Motion to extent 

Time to answer Complaint from November 21, 2014 (3 days ago) to December 19, 2014. 

The Complainant now has "no" opposition, and "no" support for the Respondent amended 

Motion for extension of time to answer the Complaint from November 21, 2014 to December 19, 

2014. 

However, the Complainant does believes an "informal" approach to process, time deadlines, and 

rules is over, we are out of time, and would pray that a spirit of"Time is of the essence" be 

followed going forward now that we are in a 14 CPR Part 16 Formal Complaint, especially when 

the Respondent has not complied with the first rules of this process as shown and demonstrated 

in the original Motion and now in the amended Motion they have filed. 

Bett~orts Bet!e1 Airports. LLC 

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 

16 
Page 17 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

I hereby certified again as to delivery and content of this document this date by USPS, First 

Class Mail to Respondent, and Priority Mail to the FAA Office ofthe Chief Counsel, AGC-600, 

including attachments as shown below: 

By: William Foster, agent for Complainant 

Manager, Better Airports, LLC 

4504 North Versailles Avenue, Dallas, TX 75205 

FAA Docket No. 16-14-08 

November 24, 2014 

Date 

Attachments: 

Copy of Respondent Certificate of Service to William Foster Agent for Complainants -

Motion for an extension of time to answer complainant (dated November 7, 2014). 

Copy of Respondent Motion for an Extension of time to answer complaint (not dated). 

Copy of the envelope postmarked PM of November 10,2014, that the above documents 

were sent in to William Foster, received on Thursday, November 13, 2014- six (6) days 

after Certificate of Service Date. 

Copy of Certificate of Service of 14 CPR Part 16 Copy to Sponsor on September 22, 

2014 

Copy of Respondent Certificate of Service to William Foster Agent for Complainants -

Amended Motion for an extension oftime to answer complainant (dated November 18, 

2014). 

A blind copy to Complainant of Respondent Mr. Larry S. Kaplan Cover Letter to the 

Office ofthe ChiefConnsel, FAA AGC-600, for Amended Motion for an extension of 

time to answer the Complaint. 

Copy of Respondent Amended Motion for an Extension oftime to answer complaint (not 

dated). 

Copy of the September 22, 2014 rescinded and cancelled agreement signed by the 

Complaint is attached to this filed Answer to the amended Motion, from the Complaint. 

Bette~orts 13dkr Airports. LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

17 
Page 18 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No.16-14-08 

November 24, 2014 

Copy of Respondent Certificate of Service to William Foster Agent for Complainants- Motion for an 

extension of time to answer complainant (dated November 7, 2014, yet was served on November 10, 

2014). 

Bett~orts Retter Airports, LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014- Docket: 16-14-08 

18 
Page 19 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No.16-14-08 

November 24, 2014 

Copy of Respondent Motion for an Extension of time to answer complaint (with no date)-

OOC~£T NO. 16-14-08 

MOTION FOR EXTENSION OC riME TO ANSWER THE COMPLAIN! 

Now come-s fHt WAHOO Afi{POIU AIJ1'~tOR!T'f, WAHOO MUN!C!f'Al AIRPORT, WAHOO NEBRASKA FAA 

Identifier: AHQ, (hereinaft~r ·''WAHOO""} by ~nO thro-ugh its aplxHnted agents and tounsel, KAPt,AN, 

MASSAMILLO & ANOitf:WS, LLC, atKf hereby moves for an extensico uf time to answer tile Complaint 

tiled by the Complainants Walke-r Ag Suppl•t, LlC Mtdwest Spray Services, LLC 3tld Better AJnlorts, tlCagent fur Complainants (herE?inafter "'COMPLAINT"/. In support of this Motion, WAHOO states as 

foliows.: 

l"he- COMPlAINf wtw served on V\I'AHOO 011 Octobt'r 30, 2014 

2 The COMPlAINT mt::ludes nine hundred e~nd seventeen 1,9'17 ,\ a-ccornparwirtg pages of allegedly 

supporting documents 

3 lhese documents make refereoce to numerous people whom COMPtAlNTANlS alft!'ge are 

knowledgeabte of the rele\•ant facts all~ged in the COMPLAINT. 

<1. In order for WAHOO and ito; counsel to make dihgent inquiry ot the persons referenced in th('~ 

documents prior to fillnfl a respmlse to fht!' COMPlAINT, WAHOO requests an EXTENSiON or 

liME fO A.N5WEH fHE COM~LAINT 

5. These documerth ars:o make fe<fereonc.-e to numerous daU·s, ev('nts and actions which must be 

dihgenHy imtestigated in order to reasonabiv re:sPQnd to the COMPlAiNT. 

6. !n Ofder for WAHOO and its counsel to be able to reasonably ~vi-ew and e>Jaluate the 917 p.agel> 

of l;i(l{:uments prior to fiting its ANSWER, WAHOO respectfully requests- that it b€ given unul 

Dat:ember :19, 2014 to file its ANSWI:R to lf!e COMPlAJNi, 

Larry Kap!<H1 

' ' K:JpltH\ Ma'ss.an'lll!p & Ar;dr<'w5 LLC 

Bett~orts Better Airport,. LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

19 
Page 20 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No.16-14-08 

November 24,2014 

Copy of the envelope postmarked PM of November 10,2014, when the Certificate of Service was 

Certified to be served on November 7, 2014, via U.S. mail three (3) days earlier than fact, sent to William 

Foster, received on Thursday, November 13, 2014- six (6) days after Certificate of Service Date. 

Bett~rports Better Airports. LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22, 2014- Docket: 16-14-08 

20 
Page 21 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

Copy of Certificate of Service of 14 CFR Part 16 Copy to Sponsor on September 22, 2014, by hand from 

Complainant. 

Bett;tAlrports Better Airport~, LLC 

, 

Better Airports 

federal A\iation Regulation- H CFR Part 16 

FORMAL COMPLAINT AGAINST 

THE \V AHOO AIRPORT AURTHORITY 

WAHOO MUNICIPAL AIRPORT 

\V AHOO, NEBRASKA 

FAA Identifier: AHQ 

Certified Certificate of Service 

I hereby certify that I have this day served the foregoing Title 14. Chapter I Subchapter B, Part 

16 - formal Complamt on the following person at the following address, by Hand Delive~:y: 

TO: 

Ms. Meli<Sa Hanel! 

City ofWaho·o- City AdministratoiiCle~:kiTreasttm 

Ex Officio of the Wahoo Airport Authority 

605 North Broadwav 

\V ahoo. NE 68066 • 

Office Telephone402-443-3222 

Dated !Iris 22nd day of September, 2014 

Walker Luedtke 

For Complainant 

Walker Ag Supply, LLC. Complainant 

Miffi>'<'st Spray Services, LLC, Complainant 

Better Anports. LLC- Agent for Complamant 

FOOI!.ll C«nplainl: llsuts. Ividexa and Alleguiom ag.tias.t 1M W.moo. Ailpon Authoriry from 

B~er ~. LLC. \\J'alker AG Suwly. LLC md Midwest Spray Smrk!!. LLC Sep1ember 21, 1014 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

21 
Page 22 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24,2014 

Copy of Respondent Certificate of Service to William Foster Agent for ComplainantsAmended Motion for an extension of time to answer complainant (dated November 18, 2014). 

CFJlT!F!CATE OF SERVICE 

/\mtmkd fvtori,)fl for a:n Ex~ension of Time 10 An:;;·\vc~r thl;': f',•mr,l"l"' nn the: follovdng entittes 

;~nd pe0:on" at the fi··dtmvi~lg add:rcs5t~s by FcdEx 

Offlc:;:.• of1hc C'hkJ(uwns~.,~l 

Ali>t.>:ntion: FAi\_ Parl I 6 Dockd Ctt:Yk, i\CiC 600 

FcdcJ::tl A•,,iali<'rn Ad.mini~Jf'alicln 

1{()0 lrtdtpenJencc- Av1::nue SW 

\V;t~:hington, DC 20591 

\VHllm:n Foster 

Dn Comp•laitHm" 

Bti:!er U.C 

450"1 North VcnmJHes Avcm~>c 

Lhjhis. rx 75205-,3015 

r~:le-p!w.n{: Number Offic~c: } 1 <- :-'. 19-~0fffJ 

Mobil{': 217-477-7077 

l',n~<t!i f:i):;f!l,Hcl<crl\irvom 

l)i'itc: kovcrnher l K 20 l4 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Better Airports, LLC 

22 
Page 23 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

Blind copy (Complainant was not noted to be a recipient) of Letter from Respondent Mr. Larry 

S. Kaplan Cover Letter, to the Office of the Chief Counsel, FAA AGC-600, for Amended 

Motion for an extension of time to answer the Complaint. 

Bett~rports Better Airports. LLC 

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w::bi not 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service. LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority. on September 22,2014- Docket: 16-14-08 

23 
Page 24 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

Copy of Respondent Amended Motion for an Extension of time to answer complaint (not dated). 

i'!I':SPONriENf nn; 'i>MIOO AIRPORT AF!'!IORITV'S AMENI.l!Cl.> MOTION t'OII 

~:Xl'!''IS!ON OF TIM!' TO ANSW!iJ< '!'Ill!: COMI'LA!Nl 

Bett~orts Better Airpor!~. LLC 

WMH~) :\t!U'OHT AlifllORlTY, WA~KK) 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

24 
" " 

Bett:'Alrports Betler Airports, LLC 

Page 25 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

\h. 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

25 
Page 26 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24, 2014 

10 

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

Bett~irports Better Airports, LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

26 
Pages 27, 28, 29, 30, 31, and 32 of32 

Complainant Answer to Amended Motion by Respondent 

for Extension of Time to Answer Complaint 

FAA Docket No. 16-14-08 

November 24,2014 

Complainant rescinded and cancelled, VIA email to Respondent, the May of 2014 offer for 

electronic filing of documents and communications, on September 22, 2014 the same day 

the Complainant personally delivered the Formal Complainant to the Respondent. A copy 

of the email and the rescinded and cancelled agreement signed by the Complaint is attached 

to this filed Answer to the amended Motion, from the Complaint. 

From: William Foster- Better Airports, LLC <Fiy@BetterAirports.com> 

To: harrell@wahoo.ne.us 

Cc: cornwalker@wahoo.com, Fly@BetterAirports.com 

Date: Monday, September 22, 2014 08:01am 

[ add to contacts ] 

COMPLAINANT RESCINDS AGREEMENT- For FAA to send and receive electronic mail with the Sponsor, that was 

Subject: to be approved in writing by the parties. Better Airports, LLC is filing a Formal Complaint with the FAA in the 

coming weeks. The complaint is against 

September 22, 2014 

RE: Complainant did not receive a reply from Sponsor's request to agree to receive electronic 

documents from the FAA, therefore the Complainant rescinds the Complainant's executed 

agreement they email to Sponsor on May 15,2014. 

Ms. Melissa Harrell, 

We did not receive a reply from you, the Wahoo Municipal Airport Sponsor, to our request to 

agree to receive electronic documents from the FAA, therefore the Complainant rescinds the 

Complainant's executed agreement they email to Sponsor on May 15, 2014. 

Attached in a copy of the agreement we have now rescinded and voided. 

Thank you, 

William H. Foster, III 

Bett~rports Bcuer Airp<.ll-1~. LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- Comphrinant • 

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

27 
"To Enhance Air Service at Community Airports in the USA, Canada, and the UK." 

Better Airports, LLC 

4504 North Versailles Avenue 

Dallas, Texas 75205 

Office 214.219.5000 

Fax 214.219.6000 

www.BetterAirports.com 

Email- Fly@BetterAirports.com 

This email and any attachments are confidential to the intended recipient and may also be 

privileged. If you are not the intended recipient please delete it from your system and notify the 

sender.You should not copy it or use it for any purpose nor disclose or distribute its contents to 

any other person. 

-----Original Message-----

From: William Foster- Better Airports, LLC [mailto:Fiy(?uBetterAirporls.com] 

Sent: Thursday, May 15, 2014 12:32 PM 

To: hanell(a)wahoo.ne.us 

Cc: 9-A W A-AGC-Part -16@faa. gov, Fly@ Better Airports. com 

Subject: For FAA to send and receive electronic mail with the parties, it is to be approved in 

writing by the parties. Better Airports, LLC is filing a Formal Complaint with the FAA in the 

coming weeks. The complaint is against the Sponsor of the Wahoo Municipal A 

Last send had an incorrect "cc:" email address for the FAA, one letter was wrong, res ending. Thank you, William Faster, with Better Airports, LLC 

May 15,2014 

Ms. Melissa Harrell 

Sponsor Representative 

Wahoo Airport Authority Ex-Officio 

City Administrator/Clerk/Treasurer 

Wahoo, Nebraska 

Bett£lirports Betler Airporls. LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

28 
harrell@wahoo.ne.us 

Ms. Melissa Harrell, 

Better Airports, LLC is filing a Formal Complaint with the FAA in the coming weeks. 

The complaint is against the Sponsor of the Wahoo Municipal Airport, Wahoo, Nebraska. 

For FAA to send and receive electronic mail with the parties, it is to be approved in writing by 

the parties. 

As of November 12,2013 the FAA has changed Part 16, Formal Complaint requirements to 

"reflect changes in applicable laws and regulations, and to apply lessons learned since the 

existing rules (14 CFR-Part 16] were implemented in 1996." 

The new definition of"mail" per FAA regulations now includes email, effective November 12, 

2013, as stated by the FAA: 

"Mail means U.S. first class mail; U.S. certified mail; and U.S. express mail. Unless otherwise 

noted, mail also means electronic mail containing PDF copies of pleadings or documents 

required herein .... 

This action updates, simplifies, and streamlines rules of practice and procedure for filing and 

adjudicating complaints against federally-assisted airports. It improves efficiency by enabling 

parties to file submissions with the Federal Aviation Administration (FAA) electronically, and 

by incorporating modem business practices into how the FAA handles complaints. This 

amendment is necessary to reflect changes in applicable laws and regulations, and to apply 

lessons learned since the existing rules were implemented in 1996." 

Attached is an agreement we have signed for you to review, for the parties to accept electronic 

mail from and to the FAA, in regard to said Formal Complaint. 

Upon your approval to allow the FAA to use electronic mail to send and receive documents to 

you (Sponsor), please sign and email back to me attached agreement. I will email on to 9-

AWA-AGC-Partl6@faa.gov, the Office of the Chief Counsel, FAA Part 16 Docket Clerk, 

AGC-600, Federal Aviation Administration and of course will cc you as well. 

Bett~orts Better Airports. LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014 ·Docket: 16-14-08 
Please "Reply All" acknowledge receipt of this email, and return agreement by May 21,2014. 

Thank: you, 

lSI 

William H. Foster, III 

"To Enhance Air Service at Community Airports in the USA, Canada, and the UK" 

Better Airports, LLC 

4504 North Versailles Avenue 

Dallas, TX 75205 

(0) 214.219.5000 

(F) 214.219.6000 

Web page: www.BetterAirports.com 

E-mail: Fly@BetterAirpmts.com 

Bette~orts Bener Airports. LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

30 
Better Airports, LLC 

4504 North Versailles Avenue 

Dallas, TX 75205 

William Foster- Manager 

Office Telephone: 214-219-5000 

Email: Fly@BetterAirports.com 

~ Rescinded By Complainant on September 22, 2014 by email to Ms. Harrell 

Ms. Melissa Harrell 

Wahoo Airport Authority Ex-Officio 

City Administrator/Clerk/Treasurer 

of Wahoo, Nebraska 

City Hall 

605 Not1h Broadway 

Wahoo, NE 68066 

Sent VIA Email to: 

harrell@wahoo.ne.us 

RE: Better Airports, LLC is filing a Formal Com pi n the coming weeks. 

Ms. Melissa Harrell, 

Better Airports, LLC is filing a Form the FAA in the coming weeks. 

ahoo Municipal Airport, Wahoo, Nebraska. 

For FAA to send and rec 

parties. 

mail with the parties, it is to be approved in writing by the 

The Back Ground 

Here is the background according to the FAA: 

As of November 12, 2013 the FAA has changed Part 16, Formal Complaint requirements to "reflect 

changes in applicable laws and regulations, and to apply lessons \eamed since the existing rules (14 

CFR-Part 16] were implemented in 1996." 

The new definition of "mailing" per FAA regulations now includes email, effective 

November 12, 2013, as stated by the FAA: 

6<rttetAirp<>rt$,UC 

4504 North V.,,.,-ailiE$ AV<!MUE 

Dallas, lX 7S20S 

~!yf&@e:tttrAi•wrtg<>oo 

1 WilllamF<>n~r 

Manager 

M-214-477-7077 

0- 214-219-5000 

Bettf'korts 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 Bet1er Airports. l.LC 

31 
Page 2 

May 15,2014 

Agrees to allow FAA 

To submit/Receive Electronic Mail 

'~Mail means U.S. first class mall; U.S. certified mail; and U.S. express mail. Unless otherwise 

noted, mail also means electronic mail containing PDF copies of pleadings or documents 

required herein .... 

This action updates, simplifies, and streamlines rules of practice and procedure for filing 

and adjudicating complaints against federally-assisted airports. It improves efficiency by 

enabling parties to file submissions with the Federal Aviation Administration (FAA) 

electronically, and by incorporating modern business practices into how the FAA handles 

complaints. This amendment is necessary to reflect changes in applicable laws and 

regulations, and to apply lessons learned since the existing implemented in 

1996." 

Taken from the Federal Aviation Administration 14 CFR 

0176; Amendment No. 16~1 regulations requires parti 

mail as a form of "mai1'1 the FAA can send and recei 

The Respondent (Sponsor of the Wahoo Munici 

for) acknowledge agreement to accept electron 

the Complainant (Better Airports, LLC 

Complaint, by signing below. 

Agreed: 

Sponsor1

s Representative 

VOID 

By: Ms. Melissa Harrell 

Wahoo Airport Authority Ex-Officio 

City Administrator/Clerk/Treasurer of Wahoo, Nebraska 

Complainant's Representative 

By: William Foster 

Manager1 Better AirportS1 LLC 

2 S-etter AUports, ltC 

Dallas, n: 75:205 

VOID 

Date: 

Date: 

wm1am Foster 

M'ln~..,..­

M-214-4n-7077 

0-214-219-5000 

Bett~irports Better Airport-;, LLC 

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

Airports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September 22,2014- Docket: 16-14-08 

32