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 1 of9 

November 18, 2014 

~~~lEDWlfE~ NOV 2 4 20·14 

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Complainant Answer to Respondent 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 

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 Delivery, First Class Mail: 

TO: Respondent 

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 18th day of November, 2014 

William Foster 

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

Walker Ag Supply, LLC, Complainant 

Midwest Spray Services, LLC, Complainant 

Better Airports, LLC - Agent for Complainant 

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 
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 of9 

November 18,2014 

Complainant Answer to Respondent 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 Respondent Motion for 

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

2014. 

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

answer the Complaint from November 21,2014 to December 19,2014 is as follows: 

1. In part, the purpose of the Complainant's initial14 CFR Part 16 FORMAL 

COMPLAINT AGAINST THEW AHOO 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 have critical negative effects on the Grant 

Assurance Program, and the misconducts help to understand during the 14 CFR Part 

16 process, to determine Compliance by the Sponsor, now Respondent. 

2. The Respondent first act in this 14 CRF Part 16 process shows more events of (a), (b), 

and (c) in Section 1 above, in the Respondent Motion to extend the time to answer the 

Complaint. 

a. When making application for a Motion under 16.19 (e) Extension by Motion, "A 

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

opposing party". 

Bett:'Alrports Bcucr 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 
Page 3 of9 

FAA Docket No. 16-14-08 

November 18, 2014 

This did not happen. The Respondent never attempted to obtain the concurrence of 

the opposing party, the Complainant. The Complainant believes this is a 

demonstration of I (b) and (c) above. 

b. According to 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. 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 16.15. 

When the Respondent did send copies of the Motion to the William Foster 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 ih 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. 

In additional, Respondent did not comply with 16.15 Service of documents on the 

parties and the agency, when the "assumed" Respondent, when signing the 

Certificate of Service, did not identity 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 Motion 

only signed with a personal name and a name of a firm and no other identification 

showing address or complete contact information, and again not stating the party they 

are signing for, spelled out "respondent" or "complaint" as required by 16.15, instead 

it would have to be assumed one or the other. 

The Complainant believes these omissions by the Respondent are a continued 

demonstration of l(a), (b) and (c) above. 

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 Airpurt!i, LL.C 
Page 4 of9 

FAA Docket No.16-14-08 

November 18,2014 

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

Complaint believes the Motion is continued disingenuous statements from the 

Sponsor, now Respondent. 

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

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

This is not a true statement. The COMPALlNT was served on the WAHOO 

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 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 not any 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. 

The Complainant believes the disingenuous statements in the Motion by the 

Respondent are a continued demonstration of l(a) and (b) above; and (c) 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. The Complainant does not have an automatic objection to an extension of Time to 

answer the Complain. 

The objection the Complainant does have 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 of time, now we have another request for a 

delay. 

The Complainant does understands appropriate and necessary delays out of respect 

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

a Respondent makes and needs to defend, is understandable. This is not such a case. 

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 Airpor(s. LLC 
Page 5 of9 

FAA Docket No. 16-14-08 

November 18,2014 

The Complainant believes the Motion 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. 

The Complainant also believes the Respondent now shown via their Motion a lack of 

respect for the process, the FAA, and the Complaint by sending the poor work 

product of the referenced 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. 

Note: The actual Motion document by the Respondent is not even dated, another 

continued demonstration of 1 (b) and (c) above. 

Also note in the 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". 

The term "diligent" in most 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 this Motion, the Complainant would not be taking a position of 

"Opposition" to their Motion for Extension of Time to Answer the Complaint that is 

now before the FAA. 

The Complainant 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 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 above. 

By: William Foster, agent for Complainant 

Manager, Better Airports, LLC 

FAA Docket No. 16-14-08 

November 18,2014 

Date 

Bett~Akorts 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 Airpol"ls, LLC 
Attachments: 

Page 6 of 10 

FAA Docket No. 16-14-08 

November 18, 2014 

Copy of Respondent Certificate of Service to William Foster Agent for ComplainantsMotion for an extension oftime to answer complainant (dated November 7, 2014). 

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

Copy of the envelope postmarked PM ofNovember I 0, 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 CFR Part 16 Copy to Sponsor on September 22, 

2014 

Bett~orts Belle!- Airpor(s, 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 
Page 7 of 10 

FAA Docket No. 16-14-08 

November 18,2014 

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). 

l h'T1YiN ~:s:rtifv than: 1 h,;:Jc.'f: tili>; f"· day of Novtemb<?f, J'CJI·'t :iN.-V('d \ht~ hJn!goln-!J, Nl(•~ioct fm :sn ("Phcr1:1.-l&n 

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Bett~orts 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 Airpurts, LLC 
Page 8 of 10 

FAA Docket No. 16-14-08 

November 18, 2014 

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

DOCKET NO. 16·14·08 

MOTION FOR EXTENSION Of llM[ TO ANSWER THE COMPlAtNT 

Now comes THE WAHOO AIRPORT AUlHOI~JfV, WAHOO MlJNICIPA.t AIRPORT. WAHOO NEBRASKA. FAA 

identifier: AHQ (hereinafter ·~AHOO"'l by and through its apPQin.ted agents and counsel, KAPlAN, 

MASSAMILLO & ANDREWS, llC, and hcteby moves for an elltension of time to answer the Complaint 

filed by the Complainants Walke-r Ag Supply, llC, Midwest Spra:y Services, LLC and Better Airports, LLCagent for Complalnants (hereinafter "COMPLAlNT"'}. In support of this Motion, WAHOO states as 

follows: 

l, The COMPlAINT was served on WAHOO on October 30, 2014. 

2 The COMPLAINT includes nine hundred <lnd seventeefl {9-17) atcompanying pages of allegedty 

supporting documents. 

:l These documents make reference to numerous people whom COMPLAlNTANTS atfe<ge are 

knowledgeable of the relevant fac:ts alleg~d in th@' COMPLAINT. 

4. in order for WAHOO and its counsel to make dit.igent inquiry of the persons referenced in these 

documents prlor to filing a rt!sponse to the COMPlAINT, WAHOO re-quests an EXTENSION OF 

liME ro ANSWER THE COMPlAINT. 

5. The<se documents also mal:e reference to numerovs dates, evems and actions which. mu!>t be 

diligently imrestigated in order to reasona!;lty respond to the COMPlAlNT. 

6. ln order for' WAHOO and Its counsel to be able to reasonabl~· review and evaluate the 917 pages 

of documents: prior to fiHng its ANSWER, WAHOO respectfully requests that it be gl\•tm u:ntil 

Det:embct 19, 2014 to file its ANSWER to the COMPLAINT. 

Uury Kaplar 

! ,. 

Kaplan. Malss.an1ii!O & Andrews LLC 

' I 

Bett:f'~orts Beuer 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 
Page 9 of 10 

FAA Docket No. 16-14-08 

November 18, 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. 

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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 
Page 10 of10 

FAA Docket No. 16-14-08 

November 18,2014 

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

BettefAirports 

Federal Aliation Regulation- 14 CFR Part 16 

FORMAL COMPLAINT AGAINST 

THE \liAHOO AIRPORT AURTHORITY 

WAHOO MUNICIPAL AIRPORT 

WAHOO. NEBRASKA 

FAA ldtntiJler: AHQ 

Certified Certificate of Service 

I hereby certify that I have !Iris day served the foregoing Title 14, C'hapter I Subchapter B, Part 

16- Formal Complaint on the following person at the following address, by Hand Delivery: 

TO: 

Ms. Melissa Harrell 

City ofWalwo- City Administrator/ClerkiTre-<iSurer 

Ex Officio of the Wahoo Allport Authority 

605 North Broadway 

Wahoo, NE 68066 

Office Telephone 402-443-3222 

Dated this 22nd day of September, 2014 

For Complainant 

Walker Ag Supply, llC, Complainant 

Midwest Spray Sen>ices, llC, Complainant 

Better Ailports, LLC - Agent for Complainant 

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. L.LC