Mitchell A. Young 

MACo Defense Services 

2717 Skyway Drive, Suite F 

Helena, MT 59602-1213 

Ph. (406) 441-5471 

Fax ( 406) 441-5497 

myoung@mtcounties.org 

Counsel for County Respondent 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

SAFER MEDICAL OF MONTANA 

AND GEORGE ACKERSON, 

Complainants, 

v. 

CITY OF FORT BENTON, 

MONTANA and CHOUTEAU 

COUNTY, MONTANA, 

Respondents. 

) FAA Docket No. 16-15-12 

) 

) 

) 

) 

) 

) RESPONDENT CHOUTEAU 

) COUNTY, MONTANA'S 

) ANSWER TO COMPLAINANTS' 

) PART 16 COMPLAINT 

) 

) 

Pursuant to 14 C.F.R § 16.23, Chouteau County, Montana (the "County"), 

through its counsel of record, files this answer to Complainants' Part 16 

Complaint. 

A. Factual Background 

1. Answering Paragraph 1, the County admits. 

2. Answering Paragraph 2, the County admits. 
3. Answering Paragraph 3, the County admits. 

4. Answering Paragraph 4, the County admits. 

5. Answering Paragraph 5, the County admits. 

6. Answering Paragraph 6, the County admits. 

7. Answering Paragraph 7, the County admits. 

8. Answering Paragraph 8, the document speaks for itself. 

9. Answering Paragraph 9, the County admits. 

10. Answering Paragraph 10, the County asserts that this is a legal 

conclusion which requires no response. 

11. Answering Paragraph 11, the County admits that Complainants 

initiated a construction project involving the hangar. The County lack knowledge 

of the specific time period during which the project commenced as Complainants 

did not notify the County of the project or seek approval for the project. 

12. Answering Paragraph 12, the County denies. 

13. Answering Paragraph 13, the County lack knowledge as to the amount 

of money spent by Complainants. 

14. Answering Paragraph 14, the County admits. 

15. Answering Paragraph 15, the letter speaks for itself. The County 

admits that the attached copy of the letter is true and correct. 

16. Answering Paragraph 16, the letter speaks for itself. The County 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 2 
admits that the attached copy of the 1998 agreement is true and correct. 

1 7. Answering Paragraph 1 7, the agreement speaks for itself. 

18. Answering Paragraph 18, the agreement speaks for itself. 

19. Answering Paragraph 19, the County lacks information as to this 

allegation. 

20. Answering Paragraph 20, the County admits. 

21. Answering Paragraph 21, the County admits. 

22. Answering Paragraph 22, the letter speaks for itself. 

23. Answering Paragraph 23, the County admits. 

24. Answering Paragraph 24, this assertion is overly broad and vague as 

to the context of the alleged statement, and the County therefore denies. Mr. Nye 

did express concern about potential non-aeronautical uses of the hangar by 

Complainant. 

25. Answering Paragraph 25, the letter speaks for itself. 

26. Answering Paragraph 26, the County does not recall Mr. Nye making 

this statement. 

27. Answering Paragraph 27, the County admits that it did not seek a nonaeronautical exemption for the hangar and deny the remainder of this paragraph. 

B. Andy Taylor Hangars 

28. Answering Paragraph 28, the County admits. 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 3 
29. Answering Paragraph 29, the County admits that Mr. Taylor entered 

into his leases prior to 1998. The County denies that Mr. Taylor was told his 

leases are "grandfathered", but asserts that the 1998 agreement by its terms does 

not apply to Mr. Taylor's leases. 

30. Answering Paragraph 30, the County denies. Mr. Taylor's right to 

continue leasing property is not absolute but is subject to the terms of his lease. 

31. Answering Paragraph 31, the County denies. Mr. Taylor's right to 

continue leasing property is not absolute but is subject to the terms of his lease. 

32. Answering Paragraph 32, the County admits the first and second 

sentences and denies the third. 

33. Answering Paragraph 33, the County admits the first sentence and 

denies the second. The rooms in the hangar do not constitute an apartment and to 

the County's knowledge are not used for overnight stays. Rather, the County 

understands that the rooms are used for Mr. Taylor's pilots to rest between 

spraying flights. 

C. Other Airports in Montana 

34. Answering Paragraph 34, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

35. Answering Paragraph 35, the County lacks knowledge and therefore 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 4 
denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

36. Answering Paragraph 36, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

3 7. Answering Paragraph 3 7, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

38. Answering Paragraph 38, the County lacks knowledge and therefore 

deny. The County further asserts that these allegations are irrelevant to the claims 

against the County. 

39. Answering Paragraph 39, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

40. Answering Paragraph 40, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

41. Answering Paragraph 41, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 5 
42. Answering Paragraph 42, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

43. Answering Paragraph 43, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

44. Answering Paragraph 44, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

45. Answering Paragraph 45, the County lacks knowledge and therefore 

denies. The County further asserts that these allegations are irrelevant to the 

claims against the County. 

D. Efforts at Pre-Complaint Resolution 

46. Answering Paragraph 46, the County engaged in discussions with 

Complainants involving resolution ofthe FAA's concerns. Complainants failed to 

comply with at least one of the agreed remedies, which was elimination of the 

water feature. 

4 7. Answering Paragraph 4 7, the County agrees that Complainants 

removed a cabin from the property. The County lacks knowledge as to whether 

Complainants altered plans for the project because the County was not advised of 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 6 
any plans for the project. 

48. Answering Paragraph 48, the County is not aware of what "writing" 

Complainants are referring to. The County assumes that any such writing speaks 

for itself. 

49. Answering Paragraph 49, the letter speaks for itself. The County 

admits that the attached copy of the letter is true and correct. 

50. Answering Paragraph 50, the letter speaks for itself. 

51. Answering Paragraph 51, the County agrees that Complainants made 

such an assertion but does not agree that the assertion is accurate. 

52. Answering Paragraph 52, please see the County's response to 

Paragraph 3 3. 

53. Answering Paragraph 53, the County denies. 

54. Answering Paragraph 54, the letter speaks for itself. 

55. Answering Paragraph 55, this process is ongoing. 

56. Answering Paragraph 56, the letter speaks for itself. The County 

admits that the attached copy of the letter is true and correct. 

57. Answering Paragraph 57, the letter speaks for itself. 

58. Answering Paragraph 58, the letter speaks for itself. 

59. Answering Paragraph 59, this conclusion is speculative as Mr. Nye is 

not the final authority on whether the agreement can be amended. 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 7 
60. Answering Paragraph 60, this assertion is speculative and vague, and 

the County therefore cannot respond. 

E. Violation of Airport Sponsor Assurances 

i. Assurance 22 

61. Answering Paragraph 61, this document speaks for itself. 

62. Answering Paragraph 62, this document speaks for itself. 

63. Answering Paragraph 63, the County denies. 

64. Answering Paragraph 64, the County denies. 

65. Answering Paragraph 65, the County admits. 

66. Answering Paragraph 66, this paragraph states a legal conclusion and 

reqmres no response. 

67. Answering Paragraph 67, the County denies. 

68. Answering Paragraph 68, the County admits that Mr. Taylor sells 

agricultural chemicals from his hangar. 

69. Answering Paragraph 69, the County admits. 

70. Answering Paragraph 70, the County admits that it is aware that Mr. 

Taylor sells agricultural chemicals from his hangar and denies the remainder of 

this paragraph. 

71. Answering Paragraph 71, the County admits. 

72. Answering Paragraph 72, please see response to Paragraph 33. 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 8 
ii. Assurance 19 

73. Answering Paragraph 73, Assurance 19 speaks for itself. 

74. Answering Paragraph 74, please see response to Paragraph 70. The 

County specifically denies the second sentence. 

75. Answering Paragraph 75, please see response to Paragraph 70. 

76. Answering Paragraph 76, the County admits. 

77. Answering Paragraph 77, this paragraph states a legal conclusion and 

reqmres no response. 

F. Result of Violations 

78. Answering Paragraph 78, this paragraph states a legal conclusion and 

reqmres no response. 

79. Answering Paragraph 79, the County lacks knowledge and therefore 

denies. 

80. Answering Paragraph 80, the County lacks knowledge and therefore 

denies. 

81. Answering Paragraph 81, the County lacks knowledge and therefore 

denies. 

82. Answering Paragraph 82, this paragraph states a legal conclusion and 

reqmres no response. 

83. Answering Paragraph 83, the first sentence of this paragraph states a 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 9 
legal conclusion and requires no response. As to the second sentence, the County 

lacks knowledge and therefore denies. 

84. All allegations not specifically admitted are denied. 

Affirmative Defenses 

First Affirmative Defense 

Complainants' Complaint fails to state a claim against the County upon 

which relief can be granted. 

Second Affirmative Defense 

The County conformed to all applicable duties, which bars Complainants' 

claims. 

Third Affirmative Defense 

No acts or omissions of the County were the cause in fact or the legal cause 

of any damage or injury alleged by Complainants. 

Fourth Affirmative Defense 

Complainants' claims are offset or barred by Complainants' failure to take 

reasonable care to minimize or to otherwise mitigate their damages, if any. 

Fifth Affirmative Defense 

The injuries and damages complained of were caused in whole or in part by 

the acts and omissions of Complainants and/or other third persons unrelated to the 

County. 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 10 
Sixth Affirmative Defense 

The contract is void by virtue of illegality, mutual mistake and/or lack of 

consent. 

Seventh Affirmative Defense 

The contract is void or voidable by reason of Complainants' breach. 

Applicability of Affirmative Defenses 

The County reserves the right to amend its Answer to add additional 

affirmative defenses that become known through the course of discovery. The 

foregoing affirmative defenses were asserted based on information and belief that 

they are or may be applicable to the present claims being presented by 

Complainants. In the event the affirmative defenses are not legally or factually 

warranted, any such inapplicable affirmative defenses will be voluntarily 

withdrawn at the close of discovery. Likewise, any additional affirmative defenses 

which become known through the course of discovery will be asserted. 

/ .,j 

DATED this 21 day ofFebruary, 2016. 

MACo Defense Services 

By: Mitchell 

&u&~ A. Y oun9 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 11 
Certificate of Service 

I certify that I have this day served the foregoing Respondent Chouteau County, 

Montana's Answer to Complainants' Part 16 Complaint on the following persons be 

electronic mail at the following email addresses: 

Adrian A. Miller 

HOLLAND & HART LLP 

aamiller@hollandhart.com 

Brian Lilletvedt 

Bosch, Kuhr, Dugdale, Martin & Kaze, PLLP 

blilletvedt@bkdlaw.org 

Office of the Chief Counsel 

FAA Part 16 Docket Clerk, AGC-600 

Federal Aviation Administration 

9-A WA-AGC-Part-16@faa.gov 

1/; 

Dated this 2 f Cf~y of February, 2016. 

Mitchell ~~ A. Young 

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 12