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

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### Complainant Answer to Respondent Motion for Extension ofTime to Answer the Complaint, from November 21,2014to December 19, 2014. Certified Certificate ofService I hereby certify that I have this day servedthe foregoing Complainant Answer to Respondent Motion for Extension ofTime to Answer the Complaint, from November 21,2014 to December 19, 2014, for ourTitle 14, Chapter I Subchapter B, Part 16- Formal Complaint onthe following person at the following address, byUSPS Mail Delivery, First Class Mail: TO: Respondent Ms. Melissa Harrell City ofWahoo- City Administrator/Clerk/Treasurer Ex Officio ofthe Wahoo Airport Authority 605 North Broadway Wahoo,NE 68066 Office Telephone 402-443-3222 Dated this 18th day ofNovember, 2014

William Foster For Complainant- FAADocket 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 CFRPart 16 

### FORMAL COMPLAINT AGAINST THEW AHOO AIRPORT AUTHORITY WAHOO MUNICIPAL AIRPORT WAHOO, NEBRASKA

FAA Identifier: AHQ FAADocket No. 

### 16-14-08 

### Page 2 of9 November 18,2014 

### Complainant Answer to Respondent Motion for Extension ofTime 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 ofTime to Answer the Complaint, from November 21,2014 to December 19, 2014. 

### The Complainant opposition and position onthe 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 ofthe Complainant's initial14 CFRPart 16 FORMAL COMPLAINT AGAINST THEW AHOO AIRPORT AUTHORITY WAHOO MUNICIPAL AIRPORT WAHOO, NEBRASKA FAAIdentifier: AHQ FAADocket No. 16-14-08 was to point out our allegations against the Sponsor as to: a. To showthe Respondent historicallyhas been disingenuous intheir statements, as they are not based on facts, or the record. b. To showthe Respondent is a habitual non-compliant party. c. To show the Respondent has an infinity ofbeing a rule violator; to the degree it appears to the Complainant the Respondent maydeem rules are not forthemto abide by. All the above (a), (b), 

### and (c) inthis section have critical negative effects onthe Grant Assurance Program, and the misconducts help to understand during the 14 CFR Part 16 process, to determine Compliance bythe Sponsor, now Respondent. 2. The Respondent first act in this 14 CRF Part 16process shows more events of(a), (b), 

### and (c) 

### in Section 1 above, in the Respondent Motion to extend the time to answerthe 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 ofthe 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: 16-14-08Page 3 of9 FAA Docket No. 16-14-08 November 18, 2014
This did not happen. The Respondent never attempted to obtainthe concurrence of the opposing party, the Complainant. The Complainantbelieves this is a demonstration ofI

### (b) and (c) above.
b. According to 16.15 Service ofdocuments on the parties and the agency when filing an application for a Motion itrequires "Copies ofall documents filed with the FAAPart 16 Docket Clerk shall be served bythe persons filing them on all parties to the proceeding. A certificate ofservice shall accompany all documents whenthey are tendered by filing and shall certify concurrent service on the FAA and all parties." This didnot happen. The Respondent did not send copies oftheirmotion to two (2) ofthe complaints, Mr. Walker Luedtke Walker- Ag Supply, LLC and Mr. Brad Gage- Midwest Spray Services, LLC as required by 16.15. Whenthe Respondent did send copies ofthe Motion to the William FosterAgent for Complainant with a certificate ofservice, the statement ofservice was a false statement. TheRespondent certified "Ihereby certifY that I have this 

## ih dayof November, 2014 served the foregoing motion for an extension oftime to answer the complaint onthe following persons [William Foster] at the following addresses by U.S. mail". This didnot happen as Certified. According to the postmark onthe USPS mailed envelope that Mr. William Foster (Agent for Complainant) received onWednesday, November 13, 2014, the post mark was inthe afternoon (PM) onNovember 10,2014, some three (3) days after the Respondent Certified stated date intheir Certificate of Service. A copyofthe latepostmarked envelope is attached for the record. In additional, Respondent did not complywith 16.15 Service ofdocuments on the parties and the agency, when the "assumed" Respondent, when signing the Certificate ofService, did not identitythemselves and who they were signing for 

### [parry], being the respondent orcomplainant. In fact, the apparent author and signer ofthe Certificate ofService and the Motion only signed with a personal name and a name ofa firm and no other identification showing address or complete contact information, and againnot stating the partythey are signing for, spelled out "respondent" or "complaint" as required by 16.15, instead it wouldhave to be assumed one orthe other. The Complainantbelieves these omissions bythe Respondent are a continued demonstration ofl(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 ofTime to Answer, the Complaintbelieves 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 onthe WAHOO AIRPORT AUTHORITY, byhand, on September 22, 2014 some THIRTY-EIGHT (38) days before the Respondent Motion stated date ofreceiving the Complaint on October 30, 2014. As ofthe actual sending date ofthe Motion for Extension to the Complainant, November 10,2014,the Respondent had the Complaint for someFORTY-EIGHT ( 48) days, far in excess ofthe regulated (20) days to respond. This is more than double the amount oftime required to respond, with (11) additional days remaining after Motion date to respond to FAAbyNovember 21,2014 due date. The Complainantbelieves there is not any information in the Formal Complaint, be it 100 pages or 900 plus pages, that the Sponsor does not alreadyhave an intimate knowledge of, and has known for years. The Complainantbelieves the disingenuous statements inthe Motionbythe Respondent are a continued demonstration ofl(a) and (b) above; and (c) above ifthe Respondent does not meet the 20 day due date, afterhaving morethan 58 days to due date, November 21, 2014, to respond.
d. The Complainant does not have an automatic objection to an extension ofTime 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 beenthrough an informal complaintprocess, and a direct complaint to the Airport process, and have had zero success at gaining access to the Airport, and ithas been a total delay oftime, now we have anotherrequest for a delay.
The Complainant does understands appropriate and necessary delays out ofrespect for the process ofrules, 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. LLCPage 5 of9 

### FAA Docket No. 

### 16-14-08 November 

### 18,2014 The Complainantbelieves the Motion approval is an unnecessary delay as the Respondent continues to notrespect the process, the rules ofthe process, orthe complying with the clearlyblack and white regulation requirements ofCPRPart 

### 16. The Complainant also believes the Respondent now shownviatheir Motion a lack of respect for the process, the FAA, and the Complaintby sending the poorwork product ofthe referenced Motion for Extension ofTime to Answer the Complaint. The Complainant does notbelieve the Motion warrants the respect they are requesting when it was not reciprocated intheir ownwork. Note: The actual Motion document bythe Respondent is not even dated, another continued demonstration of 1 (b) and (c) above. Also note inthe Motion from the Respondent they mention twice their need for an Extension ofTime so they canbe "diligent". The Respondent stated inthe Motion an Extension ofTime so they can "make diligent inquiry", and "whichmustbe diligently investigated". The term "diligent" inmost cases means 

### "having orshowing care and conscientiousness in one's workorduties". Ifthe Respondent had alreadybeenusing their so called ability to be "DILIGENT" in the presentation ofthis Motion, the Complainant would not be taking a position of "Opposition" to theirMotion for Extension ofTime to Answerthe Complaintthat is nowbefore the FAA. The Complainantbelieves an "informal" approach to process, time deadlines, and rules is over, we are out oftime, and would pray that a spirit of"Time is ofthe essence"be followed now that we are in a 

### 14 CPRPart 

### 16 Formal Complaint, especiallywhen the Respondent has not complied with the first rules ofthis process as shown and demonstrated above.

By: WilliamFoster, agent for Complainant Manager, BetterAirports, 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 FAADocket No. 16-14-08 

### November 18, 2014

CopyofRespondent Certificate ofService to William Foster Agent for ComplainantsMotion for an extension oftime to answer complainant (dated November 7, 2014). Copy ofRespondent Motion for anExtension oftime to answer complaint (not dated). Copy ofthe envelope postmarked PM ofNovember I0, 2014, that the above documents were sent into William Foster, received on Thursday, November 13, 2014- six (6) days after Certificate ofService Date. Copy ofCertificate ofService of 14 CFRPart 16 Copyto 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: 16-14-08Page 7 of 10 FAA Docket No. 16-14-08 November 18,2014 Copy ofRespondent Certificate ofService to William FosterAgent for Complainants- Motion for an extension oftime to answer complainant (dated November 7, 2014).

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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, LLCPage 8 of 10 

### FAA Docket No. 16-14-08 November 18, 2014 Copy ofRespondent Motion for an Extension oftime 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 oftime to answer the Complaint filed by the ComplainantsWalke-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 ofthe 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 art!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 orderto reasona!;lty respond to the COMPlAlNT.
6. ln orderfor' WAHOO and Its counsel to be able to

**reasonabl~·** review and evaluate the917 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: 16-14-08Page 9 of 10 FAA Docket 

### No. 16-14-08 November 18, 2014 Copy ofthe envelope postmarked PM ofNovember 10,2014, when the Certificate ofService was Certifiedto be served on November 7, 2014, via U.S. mail three (3) days earlierthan fact, sent to William Foster, received on Thursday, November 13,2014- six (6) days after Certificate ofService 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 ofCertificate ofService of 14 CFRPart 16 Copy to Sponsor on September 22, 2014 

# BettefAirports

FederalAliation Regulation- 14 CFR Part 16 FORMAL COMPLAINT AGAINST THE \liAHOO AIRPORT AURTHORITY WAHOO MUNICIPAL AIRPORT WAHOO. NEBRASKA FAA ldtntiJler: AHQ Certified Certificate ofService

Ihereby certifythat Ihave !Iris day served the foregoing Title 14, C'hapterI SubchapterB, 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 ofthe Wahoo Allport Authority 605 NorthBroadway Wahoo, NE 68066 Office Telephone 402-443-3222
Dated this 22nd dayofSeptember, 2014

For Complainant Walker Ag Supply, llC, Complainant Midwest Spray Sen>ices, llC,Complainant BetterAilports, LLC

- Agentfor 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