Bett~orts Better Airport,, LLC 

Federal Aviation Regulation -14 CFR Part 16 

FORMAL COMPLAINT AGAINST 

en THE WAHOO AIRPORT AUTHORITY 

~~C~\\f "W"'AHOO MUNICIPAL AIRPORT, WAHOO, NEBRASKA 

~1],\?.ll\':1 FAA Identifier: AHQ, FAADocketNo.16-14-08 

j~ · January 12, 2015 

~(>.'fl,i ~ 6 ooci(E"fS Page 1 of 4 

Complainant Motion to Make Corrections to Complainant January 4, 2015 

Reply to Respondent December 19, 2014 Answer to Complaint. 

Certified Certificate of Service 

I hereby certify that I l:J,ave this day served the foregoing Complainant Motion to Make 

Corrections to Complainant January 4, 2015 Reply to Respondent December 19, 2014 Answer to 

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

following person at the following address, by USPS Priority Mail 2-Day: 

TO: Respondent- Law Firm 

Larry Kaplan 

Keith Yamaguchi 

200 W. Madison Street, Suite 1600 

Chicago, IL 30303 

Dated this 12th day ofJanuary, 2015 

William Foster- Better Airports, LLC 

Agent for Complainant- FAA Docket No. 16-14-08 

Walker Luedtke, Walker Ag Supply, LLC, Complainant 

Brad Gage, Midwest Spray Services, LLC, Complainant 

Sent Via USPS Priority Mail2-Day 

Better Airports, LLC 

4504 NO!ih Versailles Avenue 

Dallas, 1X 75205 

214-218-5000 Fax 214-219-6000 

Fly@BetterAirports.cam 

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

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 
Bette¥ AJirports 

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 

January 12, 2015 

Page 2 of4 

Complainant Motion to Make Corrections to Complainant January 4, 2015 

Reply to Respondent December 19, 2014 Answer to Complaint. 

Certified Certificate of Service 

I hereby certify that I have this day served the foregoing Complainant Motion to Make 

Corrections to Complainant January 4, 2015 Reply to Respondent December 19, 2014 Answer to 

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

following person at the following address, by USPS Priority Mail2-Day: 

TO: FAA - Sent Via USPS Priority Mail 2-Day 

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 12th day ofJanuary, 2015 

William Foster - Better Airports, LLC 

Agent for Complainant- FAA Docket No. 16-14-08 

Walker Luedtke, Walker Ag Supply, LLC, Complainant 

Brad Gage, Midwest Spray Services, LLC, Complainant 

Better Airports, LLC 

4504 North Versailles Avenue 

Dallas, TX 75205 

214-2.19-5000 Fax 214-219-6000 

Fiy@BetterAirparts.com 

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

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 

THE WAHOO AIRPORT AUTHORITY 

WAHOO MUNICIPAL AIRPORT 

WAHOO, NEBRASKA 

FAA Identifier: AHQ 

FAA Docket No. 16-14-08 

January 12, 2015 

Page 3 of4 

Complainant Motion to Make Corrections to Complainant January 4, 2015 

Reply to Respondent December 19, 2014 Answer to Complaint. 

I, William Foster, agent for Complainant, submit tbis Complainant Motion to Make Corrections 

to pages 1-12 of the Complainant January 4, 2015 Reply to Respondent December 19,2014 

Answer to Complaint. 

In Complainant follow up reviews of the Complainant Reply to the Respondent Answer to the 

Complaint, unintentional incomplete and inaccurate statements were found. 

The Complainant by Motion to the FAA Office of the Chief Counsel requests tbe attached 1 - 12 

replacement pages to correct tbe record oftbe Complainant Reply to replace pages 1- 11 oftbe 

original Complainant Reply dated January 4, 2014. 

The Pages to be replaced in the original January 4, 2015 Reply submission are pages 1- 11, with 

attached pages 1 - 12. 

The Agent for the Complainant, William Foster, was negligent in making sure the correct pages 

were included in the final Reply by tbe Complaint. 

Please accept this Motion for correction to Mr. Foster's blunder and oversight, and replace tbe 

attached pages 1 - 12 for tbe original pages 1 - 11 as on the original page 12, only the 1st 

paragraph is replaced. This submission is designed to be a direct replacement of pages 1 - 11 of 

the original January 4 Complainant Reply with the attached 1- 12 pages, and the included 

Corrected additional page 12, as only the 1st paragraph oftbe original Reply page 12 is replaced, 

all the remaining paragraphs and pages of tbe original Complainant Reply remain. 

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

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 
FAA.FAA Docket No.16-14-08 

January 12, 2015 

Page4 of4 

Complainant Motion to Make Corrections to Complainant January 4, 2015 

Reply to Respondent December 19, 2014 Answer to Complaint. 

Conclusion 

The Complainant by this Motion to the FAA Office of the Chief Counsel requests the attached 1 

- 12 replacement pages to correct the record of the Complainant Reply to replace pages 1- 11 of 

the original Complainant Reply dated January 4, 2014. 

Thank you for your consideration of the Complaint Motion to Make Corrections to Complainant 

January 4, 2015 Reply to Respondent December 19, 2014 Answer to Complaint. 

, 

William Foster- Better Airports, LLC 

Agent for Complainant- FAA Docket No. 16-14-08 

Walker Luedtke, Walker Ag Supply, LLC, Complainant 

Brad Gage, Midwest Spray Services, LLC, Complainant 

Better Airports, LLC 

4504 North Versailles Avenue 

Dallas, 1X 75205 

214-219-5000 Fax 214-219-6000 

F!y©BetterAirports.com 

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

75205- Telephone Office 214-219-5000, Mobile 214-477-7077 

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 
Pages 1 -12 are Corrected Pages to Complainant Reply to Respondent December 19, 2014 

Answer to Complaint, if there is Pending FAA Director Approval, Please Insert these Corrected 

Pages 1 - 12 in the Original Complainant Reply Dated January 4, 2015. 

Bettef Airports 

Better A'~rports, 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 

January 4, 2015 

Complainant Reply to Respondent December 19, 2014 Answer to Complaint. 

Certified Certificate of Service 

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

18, 2014 Answer to Complaint, for our Title 14, Chapter I Subchapter B, Part 16 - Formal Complaint on 

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

TO: Respondent- Law 

Larry Kaplan 

Firm Sent Via USPS Priority Mail Delivery 

Keith Yamaguchi 

200 W. Madison Street, Suite 1600 

Office Telephone 312-345-3000 

Dated this 51

h day ofJ anuary 2015 

William Foster- Better Airports, LLC 

Agent for Complainant- FAA Docket No. 16-14-08 

Walker Luedtke, Walker Ag Supply, LLC, Complainant 

Brad Gage, Midwest Spray Services, LLC, Complainant 

Better Airports, LLC 

4504 North Versailles Avenue 

Dallas, TX 75205 

214-219-5000 Fax214-219-6000 

Fly@BetterAirports.com 

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

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 
Bette% Airports 

Better Airports, LLC 

Federal Aviation Regulation- 14 CFR Part 16 

FORMAL COMPLAINT AGAINST 

THE WAHOO AIRPORT AUTHORITY 

WAHOO MUNIClP AL AIRPORT 

WAHOO, NEBRASKA 

FAA Identifier: AHQ 

FAA Docket No. 16-14-08 

January 4, 2015 

Complainant Reply to Respondent December 19, 2014 Answer to Complaint. 

Certified Certificate of Service 

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

18, 2014 Answer to Complaint, for our Title 14, Chapter I Subchapter B, Part 16- Formal Complaint on 

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

TO: FAA - Sent Via USPS Priority Mail Delivery 

Office of the Chief Counsel 

Attention: FAA Part 16 Docket Clerk 

AGC-600 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Dated this 5th day of January, 2015 

William Foster -Better Airports, LLC 

Agent for Complainant- FAA Docket No. 16-14-08 

Walker Luedtke, Walker Ag Supply, LLC, Complainant 

Brad Gage, Midwest Spray Services, LLC, Complainant 

Betler Airports, LLC 

4504 North Versailles Avenue 

Dallas, TX 75205 

214-219-5000 Fax 214-219-6000 

Fly@BetterAirports.com 

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

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 

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 

January 4, 2015 

Complainant Reply to Respondent December 18, 2014 Answer to Complaint. 

I, William Foster agent for Complainant, submit this Complainant Reply to Respondent December 18, 

2014Answerto Complaint. 

Because the Respondent did not answer the allegations one by one, instead they made wide 

blanket statements of denial of all Grant Assurances and wide blanket statements that all the 

Complainant has said in their Formal Complaint is false. It makes it almost impossible to 

accurately reply to the Respondent's disingenuous statements that are not based on the facts, 

without re-writing the entire Complaint back into this "Reply" to the Respondent Answer 

document. To have to show all the supporting evidence again in the Complaint to refute the false 

blanket statements that do not address the alleged Grant Assurance violations one by one as 

required by 14 CFR Part 16 §16.23 (h). 

The Complainant will attempt to set the record straight, against such grand, and general, false statements 

in the body of the Answer and in the multiple Affidavits. 

Each of the alleged Grant Assurance violation had specific evidence and facts to support the claim. The 

Complainant envisioned each alleged Grant Assurance stated violation would be denied, admitted, or a 

pass, in specific detail. Not a menu list choice ofSMC l through 12. 

For Example, an answer of say SMC-2 is the Respondent response for all the photographs in a specific 

Item Number "X" where the Respondent has not uniformly enforced the Minimum Standards to keep 

the trash clear and chemical containers securely stored at the AG Hangar on a specific date. The 

Respondent has not given a direct answer to the specific allegations in that Item Number in the 

Complaint. Each Item Number "X" in the Complaint is about a specific alleged Grant Assurance 

Violation on a specific date, as each event on each date is a separate proven Grant Assurance Violation, 

proven one after the other, proven year after year. 

It is difficult for the Complainant to "Reply" to such a wide gap of needed missing credible detail saying 

the Respondent position on each and every detailed allegation to agree, deny, or pass as to the alleged 

Grant Assurance Violation. There may be actually as many as 300 alleged violations of Grant 

Assurances, for each Item of alleged Issues there may be 4 alleged violations of Grant Assurances 

within each Item Number "X". 

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 
The Complainant does not believe the Respondent "Answer" fully meets the requirements of 14 CPR 

Part 16 § 16.23 (h). 

The issues are alleged Grant Assurance Violations and the Respondent Answer to over 940 pages of 

evidence, and over 110 alleged Grant Assurance Violations with possible more than say 300 individual 

Grant Assurance violations. 

Here is the Respondent "Answer'' to the Complaint of the (say) 300 alleged Grant Assurance Violations. 

Respondent make one blanket statement of denial of all (say) 300 alleged Grant Assurance Violations as 

their Answer on Page 5, last paragraph shown here: 

Respondents deny each and every one of Complainants' allegations regarding violations of these 

Gr~t A~surances throughout Complainants' FAA Complaint. Respondents further state that 

therr demals are fully supported by their Answers to the Complainants' Allegations by Subject 

Matter Category, as set forth below, and their Answers to specific Complaint Issues .. 

The entire 940+ page Formal Complaint is about alleged Grant Assurance Violations and the 

Respondent has denied each and every one of the violations in a 4 line statement, directly above. 

With this handicap of having to "Reply" to such a blanket statement when the Respondent later in the 

"Answer" does admit the evidence given in the Complaint was true as to Grant Assurance Violations. 

In spite of what the Complainant believes are improper answers, or non-responsive answers by the 

Respondent, the Complainant will do their best to not re-visit the entire Complaint again, even though 

the blanket false general blanket statements by the Respondent could require it. The Complainant feels 

compelled to not let the Respondent's false statement stand without a Reply, with the facts and the truth 

that are already in the Complaint and in this "Reply". 

The Complainant will follow the order of presentation of the Respondent Answer of December 18,2014 

and try and match up with the actual alleged numbered Item and Issues found in the Formal Complaint. 

Respondent Answers page 2 

A significant number of the Complaint Issues in the FAA Complaint relate to the WAA's 

Minimum Standards established by the W AA in 2012 ("Minimum Standards"). The Complaint 

alleges that the Minimum Standards are discriminatory and that they are not equally applied. A 

review of the relevant facts which serve as background to the W AA's adoption of the Minimum 

Standards shows that this is not true. 

Complainant Reply 

Bett:r~~:lrports Ikner i'''I''J' h_ l_l 1: 

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 

4 
As required by 14 CFR Part 16 §16.23 (h) the Respondent has not specifically answered the specific 

alleged issues in in the Respondent Answer and the allegations in the Formal Complaint of Grant 

Assurance Violations. 

Respondent Answers page 3 

permanent containment pad. Following the approval of two aerial applicators (under the 

6/8/2009 adopted requirements) the Board continued to discuss in the fall and winter of 2009 as 

well as the spring of2010, the best way for the WAA to maintain control of the safety and risks 

associated with the aerial application business. In 2010 the Board established a limit to the 

number of planes allowed to conduct aerial application business at one time, and limited the 

number of operators allowed to be on the WMA This was amended several times throughout 

2010 and 2011 in an attempt to respect the business aspect of this operation ina rural agricultural 

community but maintain control of development, safety and the risks associated with chemical 

spills. Luedtke's application and approval was a test of the requirements the W AA had worked 

for several years to perfect. See Afjldavit of Melissa Harrell attached as Exhibit 21. 

Complainant Reply 

The Respondent states in YELLOW above that in 2010 that the Board established a limit to the number 

of planes allowed to conduct aerial applications business at one time, and limited the number of 

operators allowed to be on the WMA. That is a true statement as in December of 2011 the W AA did 

vote to limit the number of aerial spray operations. Mr. J arod Storm even voted to limit the number of 

aerial operators as is evidence from the meeting notes. This again shows how the W AA has shown 

preferential treatment towards Mr. Storm by allowing him to sit in and directly impact the outcome of 

votes upon the WMA. 

When Walker Ag Supply and Midwest Spray service used the airstrip in 2011 for seven (7) days there 

were zero (0) chemical spills. Hence the implied statement that there were spills is completely 

misleading and not correct. 

To limit the number of planes and number of operators allowed to be on the WMA is a violation of 

Grant Assurance 22 and Grant Assurance 23 that are not part of the Complaint, yet are now W AA 

admitted acts that are violations. 

The Respondent above statement gives a false impression of their attempt to maintain control of risks 

associated with chemical spills. Going back to 2010, then whey in the Complainant are there aerial 

photographs that show a great deal of chemical spill stains going away from Storm Flying Service 

Leased AG Hangar containment pad that have been there for years as evidence by the degree of stains. 

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 

5 
The Sponsor had years to perl'ect the risks for chemical spills from Storm Flying Service, a Tenant or 

Operator since the mid-1990s and never did. It was not until the sunnner of2013 that Mr. Storm finally 

made a public admission that he cannot use his containment pad because his airplanes are too large for a 

pad that was designed in the 1970s for much smaller airplanes. Storm Flying Service does not use his 

containment pad as required per the minimum standards and our photos and audio recordings show the 

facts surrounding this grant assurance violation as our Formal Complaint goes into great detail on this 

subject. Storm Flying Service had never been told by theW AA he had to use his containment pad 100% 

of the time and to have his airplane cover the containment pad 100% until the W AA received complaints 

from the Complainant starting June I, 2012. Then theW AA sent a letter to Mr. Storm and allowed him 

to use portable barriers and containment, which is a violation of theW AA minimum standards and 

exactly what Walker Ag Supply was asking to do yet has been denied this use for three years. This letter 

can be found in the Formal Complaint. Unfortunately it appears Ms. Harrell Affidavit statement is 

disingenuous and not supported by the facts. As Mr. Storm still does not use his pad as required. The 

facts are in the photos, audio tapes and documentation. 

When Complainant asked Ms. Harrell via a Public Record Request for copies of all Chemical Spill 

Reports, as per the State Law and the SPCC that all spills are to be reported in a spill report, Ms. Harrell 

reply was they had no chemical reports. Yet the public apron in front of and on the down slope, slopes 

away from the AG containment pad is completely stained with chemical spills. 

Respondent Answer continued page 3 

The W AA attempted to work with Luedtke on his request. As a result of a special Board 

Meeting in July 2011, Luedtke was authorized to operate at the WMA if he satisfied five 

conditions: 1) that he operate at the end of the taxi lane; 2) that he use a portable containment 

pad; 3) that he keep.his trucks on the grass, not the taxiway; 4) that he operate with no more than 

two airplanes; and 5) that the airplanes have and use radios. Eaeh of these requirements was a 

direct result of the W AA's concerns to maintain safety for other users of the WMA and to 

protect the interests of the WMA from unnecessary risks. This was a verbal agreement 

Unfortunately, Luedtke violated all of the conditions. See AJTulavit of Patrick .Burke (".Burke") 

attached hereto as Exhibit 20. 

Complainant Reply 

Mr. Walker Luedtke was not instructed by the W AA to satisfy five conditions as Mr. Patrick Burke 

states in his Affidavit found in Exhibit 20. 

In particular Mr. Walker Luedtke was never told he had to use his portable containment pad as Mr. 

Patrick Burke states. Mr. Luedtke had a portable containment pad available in his mobile unit in case of 

spill that is all he agreed to. Which is no different than what Mr. Storm is allowed to do even to this 

day. Mr., Luedtke was NOT required to use portable containment in 2011 as he fell under the 14 day 

exemption rule of the Department of Agriculture. Unlike Mr. Storm for 2012,2013,2014 where he still 

continues to not use his containment, Storm knows it, the airport knows it yet Storm is allowed to 

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 

7 
Here is a December 19,2011 public statement by then WAA Chairman Mr. Mert Oden at the WAA 

Board Meeting that complemented Walker Luedtke on the job he did using the Airport in July of2011 

for the seven (7) days starting on July 27, 2011: 

19:45 minutes into the recording of the December 19,2011 WAA Board Meeting 

Mert Oden- Airport Board Chairman states: 

Weren't we successful with the location we sprayed from Last Year [July 2011 with the 2nd operator 

[Walker Luedtke}? We had one small conflict with a person that was not very proper in what he was 

accusing us of down there [south end of the Airport next to the Corporate Hangar]. 

Patrick Burke replies to Chairman Mert Oden question and statement: 

OK, but that wasn 't what I, the locations that you had given, the locations that you had shown me on the 

diagram where on this. 

Mert Oden replies to Patrick Burke: 

That plus at the same area using the same locations of the concrete in the area. 

----End of Transcript Selected Section----

The Complainant purpose in showing this transcript is the W AA Chairman demonstrated that the 

location that Walker Luedtke was instructed to use at the Airport was successful and Patrick Burke's 

reply was "OK, but that wasn't what I was [addressing now]". 

Another public statement by W AA Chairman Mr. Mert Oden at a W AA Board Meeting on January 16, 

2012 he states about Walker Luedtke use of the Airport July 27, 2011 for seven (7) days: 

At 0:46:00 minutes into the audio recording of the January 16, 2012 W AA Board Meeting. 

Mert Oden- Airport Board Chairman states: 

About last year Patrick Burke statedproblems "There was not a problem" and two (2) other W AA 

Board Members are heard to support by saying in agreement "no problem" [with Walker Luedtke's use 

of the Airport for an Aerial Application Operation]. 

Here is another public statement made by then W AA Chairman Mr. Mert Oden at the February 13, 2012 

Board Meeting where Mr. Oden complemented Walker Luedtke on the job he did using the Airport in 

July of2011 for the seven (7) days starting on July 27, 2011: 

At 0:41:03 minutes into the audio recording for 30 seconds at the February 13, 2012 W AA Board 

Meeting. 

Mert Oden- Airport Board Chairman states: 

"We allowed you [Walker AG Supply} to come on and use a taxiway to move your planes, even park 

your planes, it wasn't a problem. So, so, were not trying, and I'm not picking on you. I like you; you 

are a friend of mine. All the farmers are friends, I just want the facts to be exposed to where they are, 

and this is where we are. " 

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 

9 
Mr. Mert Oden went on to say at the July 13, 2012 W AA Board Meeting about the great job Mr. Walker 

Luedtke did in his use of the Airport in late July 2011, where Mr. Oden stated: 

0:17:47 minutes into the recording for 11.2 minutes. 

Mert Oden- Airport Board Member makes the statement: 

"I have no problem with where you ended up locating or what the situation was [in 2011 J or if you 

didn't use a spill prevention pad or whatever, but the indication were that you were and I never said a 

word to you about that and I'm still not going to condemn you for it or say you did a bad thing. You 

[Walker AG Supply} did a hell of a job last year, okay?" 

During the time Mr. Walker Luedtke and Walker AG Supply operated an Aerial Spray Operation for 

seven (7) days at the Airport starting on July 27, 2011 Mr. Pat Burke had only been a W AA Board 

Member for 16 days, and W AA Chairman Mr. Mert Oden had been a W AA Board Member for some 36 

+years. 

Mr. Walker Luedtke was taking his directions and seeking approvals for any needed changes as the 

circumstances changes; with 1.5" of rains the night before and made the grass impassable for a fully 

loaded semi-tractor and trailer; the ability to have another airplane to help finish up the spraying for only 

two (2) days, for time is critical to the farmers crops in the application of chemicals by all the 

Commercial Aerial Sprayers; the final location on the Airport as the true details are seen on site, VS 

from imaginary vision from a board room; ALL decisions and application of what the W AA wanted 

from Mr. Luedtke and Walker AG Service was directed and approved directly in the field, at the Airport 

on the days Mr. Luedtke was using the Airport by theW AA Chairman, Mr. Mert Oden. All decisions 

and permissions were done by Mr. Oden the Chairman of theW AA and not Mr. Patrick Burke who had 

only been a W AA Board Member for 16 days. 

Out of respect to Mr. Burke a new Board Member he was communicated with as well as Mr. Oden by 

Mr. Luedtke, yet it was the permissions and approvals by the Chairman, Mr. Mert Oden, that Mr. 

Luedtke looked to as the final advisor on all the Mr. Luedtke did those seven (7) days of operating at the 

Airport starting on July 27, 2011. 

As for Mr. Burkes issues with Mr. Luedtke using the airport in 2011 prior to any Minimum Standards 

being enacted. Again, Mr. Luedtke's contact with the airport was Mr. Mert Oden board president not 

board member Mr. Burke. Mr. Luedtke repeatedly met and called Mr. Oden to ensure that that the way 

he was conducting operations was acceptable to the W AA. Mr. Oden has repeatedly not backed up Mr. 

Burkes statements in board meetings and publicly said he took no issues along with other board 

members in the way Mr. Luedtke operated in 20 II. It is and was very apparent to Mr. Luedtke in 20 II 

when they did use W AA that he would have issues with Mr. Burke. Mr. Burke repeatedly called or came 

to the airport every time Mr. Luedtke used the airstrip and told Mr. Luedtke he needed to do this, do 

that, move here, move there, don't do this, don't do that, you have to do this, you have to do that. All 

while Mr. Luedtke's contact with the airport was with board president Mr. Oden not Mr. Pat 

Burke. Mr. Burke seems to be the only person that takes issue with the way Mr. Luedtke operated in 

20 II. Even though Mr. Luedtke worked very hard to meet Mr. Burkes demands. If the way Mr. Luedtke 

operated in 2011 was so unsafe, why did Mr. Burke bring his son to the airstrip and do touch and goes 

all afternoon when all three of Mr. Luedtke's spray planes (according to Mr. Burke without radios) and 

Mr. Storms two planes were using the airstrip to conduct operations? The formal complaint details other 

aspects of this issue. 

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 

10 
What seems to be occurring is the W AA Board Members except Mr. Burke thought Mr. Luedtke did a 

"fine" job at the Airport as an Aerial Applicator Operator. It is only Mr. Burke who at the time, had 

only been a board member since July 11, 2014, some 10 days prior to the first July 21, 2011 W AA 

Board Meeting Mr. Burke references falsely as having some conditions that were not met, yet were also 

not stated in the vote or theW AA Board Meeting Minutes as required conditions. 

It is most likely Mr. Burke at the time was trying to make a name for himself as the new member when 

all the other W AA Board Members had been there from 6 years to 36 +years. Mr. Burke may have felt 

he had tall shoes to fill for he took an aggressive stand against Walker Luedtke and has not let up since, 

apparently to justify his extreme positions since his becoming a W AA Board Member on July 11, 2014. 

Again, Mr. Burke had only been a WAA Board Member just 16 days before Walker Luedtke submitted 

100% of the required paper work and started flying aerial spraying on July 27, 2011 for a total of seven 

(7) days at the Airport. That documentation was all provided in the formal complaint. 

Below is a copy of the July 21, 2011 "Special Meeting" W AA Board Minutes that does not support in 

any way Mr. Patrick Burke's false Affidavit statements in Exhibit 20 in the Answer. 

WAHOO AIRPORT AlJiHORITY July 21, 2011 

The Wahoo Auvort Authority, in accordance with agenda posted at City Hall, Post Office and First National 

Bank met h1 regular session at City Hall. Chaimwn Mer! Oden called the meeting to order at 12:00 p.m. 

The Open Meetings Law was located in the room by the Chahn1an for the public' sus e. The following board 

members answered roll call: Jared Stonn, Gaylord Anderson, and Pat Burke. Absent was Jay Morrow. Also 

in attendance was Melissa Hanell. 

Walker Luedtke was present to request pennission to set up an aerial applicator temporary business at the 

Wahoo Ahpmt. With him was Dan Fulton, a pilot for the operation. TI1e aerial applicator application was 

presented to the Board by Hanell for review. The Board reviewed the site plan of the Ahpmt and discussed 

the best place for them to set up operations. Discussion was held on the need for the applicator to have the 

Ailvmt listed as an additional insured on their liability policy. Discussion of fuel use and need for water was 

also reviewed. Hanell requested the remaining infonnationneeded as per the ae1ial applicator agreement. A 

motion was made by Oden, seconded by Bmke, to approve the ae1ia! applicators application for Walker Ag 

Supply as presented, with the $400 annual fee to be paid before starting operatiollS, with the file! flow charge 

of$.50 per gallon to be paid to the Autholity. with Walker Ag Supply to pay for any water used for spraying, 

and with the Aiivort Authmity being listed as an additional insmed on their liability policy. Roll call vote: 

Oclen, yes; Burke. yes; Anderson, yes; and Storm, yes. Motion can·ied. 

Motion by Oden, seconded by Stonn to adjotun. 

Melissa Hanell 

Ex-Officio 

Mr. Burke's Affidavit statement that was also not truthful is where he states: 

"Unfortunately, Luedtke violated all of the conditions" [for access to aerial spray for seven days starting 

July 27, 2011]. 

Bettf'2rrrorts 

1-c·rrn,\irj'll'l'- !_I(' 

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 

11