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 AVIATIONADMINISTRATION WASHINGTON, D.C. SAFERMEDICAL OF MONTANA AND GEORGE ACKERSON, Complainants,

v. CITY OF FORTBENTON, MONTANA and CHOUTEAU COUNTY, MONTANA, Respondents. ) FAADocketNo. 16-15-12 ) ) ) ) ) ) RESPONDENT CHOUTEAU ) COUNTY, MONTANA'S ) ANSWER TO COMPLAINANTS' ) PART 16 COMPLAINT ) ) Pursuantto 14 C.F.R 

### § 16.23, Chouteau County, Montana (the "County"), through its counsel ofrecord, files this answerto 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 Paragraph4, 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 thatthis is a legal conclusion which requires no response. 11. Answering Paragraph 11, the County admits that Complainants initiated a constructionproject involvingthe hangar. The County lackknowledge ofthe specific time period during whichthe project commenced as Complainants did not notify the County ofthe project or seek approval for the project. 12. Answering Paragraph 12, the County denies. 13. Answering Paragraph 13, the County lackknowledge as to the amount ofmoney spent by Complainants. 14. Answering Paragraph 14, the County admits. 15. Answering Paragraph 15, the letter speaks for itself. The County admits thatthe attached copy ofthe letter is true and correct. 16. Answering Paragraph 16, the letter speaks for itself. The County

Respondent Chouteau County, Montana's Answerto Complainants' Part 16 Complaint Page 2admits that the attached copy ofthe 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 overlybroad and vague as to the context ofthe alleged statement, and the Countytherefore denies. Mr. Nye did express concern aboutpotential non-aeronautical uses ofthe hangarby Complainant. 25. Answering Paragraph 25, the letter speaks for itself. 26. Answering Paragraph 26, the County does notrecall Mr. Nye making this statement. 27. Answering Paragraph 27, the County admits that it did not seek anonaeronautical exemption for the hangar and denythe remainder ofthis paragraph. B. Andy Taylor Hangars 28. Answering Paragraph 28, the County admits.

Respondent Chouteau County, Montana'sAnswer to Complainants' Part 16 Complaint Page 329. Answering Paragraph 29, the County admits thatMr. Taylor entered into his leases priorto 1998. The County denies that Mr. Taylor was told his leases are "grandfathered", but asserts thatthe 1998 agreement by its terms does not apply to Mr. Taylor's leases. 30. Answering Paragraph 30, the County denies. Mr. Taylor'srightto continue leasing property is not absolute but is subjectto the terms ofhis lease. 31. Answering Paragraph 31, the County denies. Mr. Taylor's rightto continue leasing property is not absolute but is subjectto the terms ofhis 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'spilots to rest between spraying flights. C. OtherAirports in Montana 34. Answering Paragraph 34, the County lacks knowledge andtherefore denies. The County further asserts that these allegations are irrelevantto the claims against the County. 35. Answering Paragraph 35, the County lacks knowledge andtherefore

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 4denies. The County further asserts that these allegations are irrelevantto the claims against the County. 36. Answering Paragraph 36, the County lacks knowledge and therefore denies. The County further asserts thatthese allegations are irrelevantto the claims againstthe County. 37. Answering Paragraph 37, the County lacks knowledge and therefore denies. The County further asserts thatthese allegations are irrelevantto the claims againstthe County. 38. Answering Paragraph 38, the County lacks knowledge and therefore deny. The County further asserts thatthese allegations are irrelevantto the claims againstthe County. 39. Answering Paragraph 39, the County lacks knowledge and therefore denies. The County further asserts thatthese allegations are irrelevantto the claims against the County. 40. Answering Paragraph 40, the County lacks knowledge and therefore denies. The County further asserts thatthese allegations are irrelevantto the claims againstthe County. 41. Answering Paragraph 41, the County lacks knowledge and therefore denies. The County further asserts thatthese allegations are irrelevantto the claims againstthe County.

Respondent Chouteau County, Montana's Answerto Complainants' Part 16 Complaint Page 542. Answering Paragraph 42, the County lacks knowledge andtherefore denies. The County further asserts thatthese allegations are irrelevantto the claims againstthe County. 43. Answering Paragraph 43, the County lacks knowledge andtherefore denies. The County further asserts that these allegations are irrelevantto the claims againstthe County. 44. Answering Paragraph44, the County lacks knowledge and therefore denies. The County further asserts that these allegations are irrelevantto the claims againstthe County. 45. Answering Paragraph45, the County lacks knowledge and therefore denies. The County further asserts thatthese allegations are irrelevantto the claims against the County. D. Efforts at Pre-Complaint Resolution 46. Answering Paragraph 46, the County engaged in discussions with Complainants involving resolution oftheFAA's concerns. Complainants failed to comply with at least one ofthe agreed remedies, which was elimination ofthe water feature. 47. Answering Paragraph 47, the County agrees that Complainants removed a cabin from the property. The County lacks knowledge as to whether Complainants altered plans for the projectbecause the County was not advised of

Respondent Chouteau County, Montana's Answerto Complainants' Part 16 Complaint Page 6any plans for the project. 48. Answering Paragraph48, the County is not aware ofwhat "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 ofthe 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 thatthe assertion is accurate. 52. Answering Paragraph 52, please see the County's response to Paragraph 33. 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 ofthe 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 notthe final authority on whetherthe agreement can be amended.

Respondent Chouteau County, Montana's Answerto Complainants' Part 16 Complaint Page 760. Answering Paragraph 60, this assertion is speculative and vague, and the County therefore cannotrespond. E. Violation ofAirport SponsorAssurances 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 thatMr. 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 8ii. 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 ofViolations 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 ofthis paragraph states a

Respondent Chouteau County, Montana's Answerto Complainants' Part 16 Complaint Page 9legal conclusion andrequires 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 againstthe County upon whichreliefcan be granted. Second Affirmative Defense The County conformedto all applicable duties, which bars Complainants' claims. Third Affirmative Defense No acts or omissions ofthe County were the cause in fact orthe legal cause ofany damage or injury allegedby Complainants. Fourth Affirmative Defense Complainants' claims are offset orbarredby Complainants' failure to take reasonable care to minimize orto otherwise mitigate their damages, ifany. Fifth Affirmative Defense The injuries and damages complained ofwere caused in whole or in partby the acts and omissions ofComplainants and/or otherthirdpersons unrelatedto the County.

Respondent Chouteau County, Montana'sAnswerto Complainants' Part 16 Complaint Page 10Sixth Affirmative Defense The contract is voidbyvirtue ofillegality, mutual mistake and/or lack of

consent. Seventh Affirmative Defense The contract is void orvoidable byreason ofComplainants' breach. Applicability ofAffirmative Defenses The Countyreserves the right to amend its Answerto add additional affirmative defenses thatbecomeknownthroughthe course ofdiscovery. The foregoing affirmative defenses were assertedbased on information and beliefthat they are ormaybe applicable to the present claims beingpresentedby Complainants. Inthe eventthe affirmative defenses are notlegally orfactually warranted, any such inapplicable affirmative defenses will be voluntarily withdrawn at the close ofdiscovery. Likewise, any additional affirmative defenses which become knownthroughthe course ofdiscovery will be asserted. / .,j DATEDthis 

## 21 day ofFebruary, 2016. MACo Defense Services By:

# &u&~ Mitchell A. Youn9

Respondent Chouteau County, Montana's Answer to Complainants' Part 16 Complaint Page 11Certificate ofService I certifythat I have this day servedthe foregoing Respondent Chouteau County, Montana'sAnswer to Complainants' Part 16 Complaint onthe following persons be electronic mail atthe following email addresses: Adrian A. Miller HOLLAND & HARTLLP aamiller@hollandhart.com BrianLilletvedt Bosch, Kuhr, Dugdale, Martin & Kaze, PLLP blilletvedt@bkdlaw.org

Office ofthe ChiefCounsel FAAPart 16 Docket Clerk, AGC-600 Federal Aviation Administration 9-A WA-AGC-Part-16@faa.gov 

# 1/; Datedthis 

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# f**Cf~y** ofFebruary, 2016.

# ~~ Mitchell A. Young

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