# 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** FAAIdentifier: AHQ, 

### FAADocketNo.16-14-08

### j~ · January 12, 2015**~(>.'fl,i ~** 6

### ooci(E"fS Page 1 of4 

### Complainant Motion to Make Corrections to ComplainantJanuary 4, 2015 Reply to Respondent December 19, 2014 Answer to Complaint. 

### Certified Certificate ofService
I hereby certify that I l:J,ave this day servedthe 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 onthe following person at the following address, byUSPS PriorityMail 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- FAADocketNo. 16-14-08 Walker Luedtke, Walker Ag Supply, LLC, Complainant Brad Gage, Midwest Spray Services, LLC, Complainant Sent ViaUSPS PriorityMail2-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- 4504NorthVersailles 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 CFRPart 16 FORMAL COMPLAINT AGAINST THEW AHOO AIRPORT AUTHORITY WAHOO MUNICIPAL AIRPORT, WAHOO, NEBRASKA FAA Identifier: AHQ, FAADocket No. 16-14-08 January 12, 2015 Page 2 of4 

### ComplainantMotion to Make Corrections to ComplainantJanuary4, 2015 Reply to Respondent December 19, 2014 Answer to Complaint. Certified Certificate ofService
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 onthe following person at the following address, byUSPS PriorityMail2-Day: TO: FAA

- Sent ViaUSPS PriorityMail 2-Day Office ofthe ChiefCounsel Attention: FAAPart 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 VersaillesAvenue 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, WalkerAG 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

FAAIdentifier: AHQ 

### FAA Docket 

### No. 16-14-08 January 12, 2015 Page 3 of4 

### Complainant Motion to Make Corrections to ComplainantJanuary 4, 2015 Reply to Respondent December 19, 2014 Answer to Complaint. I, William Foster, agent for Complainant, submit tbis Complainant Motionto Make Corrections to pages 1-12ofthe Complainant January4, 2015 Replyto RespondentDecember 19,2014 Answer to Complaint. 

### In Complainant follow up reviews ofthe Complainant Reply to the Respondent Answer to the Complaint, unintentional incomplete and inaccurate statements were found. The ComplainantbyMotionto the FAA Office ofthe ChiefCounsel 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 bereplaced 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 inthe final Reply bytbe 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 onthe original page 12, only the 1st paragraph is replaced. This submission is designed to be a direct replacement ofpages 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 1stparagraph oftbe original Replypage 12 is replaced, all the remaining paragraphs and pages oftbe original Complainant Replyremain. ----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 ComplainantJanuary4, 2015 Reply to Respondent December 19, 2014 Answer to Complaint. Conclusion The Complainant bythis Motion to the 

### FAA Office ofthe ChiefCounselrequests the attached 1

- 12 replacement pages to correct the record ofthe Complainant Reply to replace pages 1- 11 of the original Complainant Reply dated January4, 2014. Thank you for your consideration ofthe 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 BetterAirports, LLC 4504 North Versailles Avenue Dallas, 1X 75205 214-219-5000 Fax 214-219-6000 F!y©BetterAirports.com

William Foster, BetterAirports, LLC -Agentfor 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 ComplainantReply to Respondent December 19, 2014 Answer to Complaint, ifthere is Pending FAA Director Approval, Please Insert these Corrected Pages 1

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

# BettefAirports
Better

**A'~rports,** LLC 

### FederalAviation Regulation- 14 CFRPart 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 ofService
I hereby certifythat I have this day served the foregoing Complainant Reply to Respondent December 18, 2014 Answerto Complaint, for our Title 14, Chapter I Subchapter B, Part 16

- Formal Complaint on the following person at the following address, byUSPS PriorityMail Delivery: TO: Respondent- Law Larry Kaplan Firm Sent ViaUSPS Priority Mail Delivery Keith Yamaguchi 200 W. Madison Street, Suite 1600 Office Telephone 312-345-3000 Dated this 51 h day ofJanuary 2015

William Foster- Better Airports, LLC Agent for Complainant- FAADocket No. 16-14-08 Walker Luedtke, Walker Ag Supply, LLC, Complainant Brad Gage, Midwest Spray Services, LLC, Complainant BetterAirports, LLC 4504 North VersaillesAvenue 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 BetterAirports, 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 MUNIClPAL AIRPORT WAHOO, NEBRASKA

FAAIdentifier: AHQ 

### FAA Docket 

### No. 16-14-08 January 4, 2015 

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

### Certified Certificate ofService
I hereby certifythat I have this day served the foregoing Complainant Replyto Respondent December 18, 2014 Answerto Complaint, for our Title 14, Chapter I Subchapter B, Part 16- Formal Complaint on the following person at the following address, byUSPS PriorityMail Delivery: TO: FAA

- Sent Via USPS Priority Mail Delivery Office ofthe ChiefCounsel Attention: FAAPart 16 Docket Clerk AGC-600 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Dated this 5th day ofJanuary, 2015

William Foster -Better Airports, LLC Agent for Complainant- FAADocket No. 16-14-08 Walker Luedtke, Walker Ag Supply, LLC, Complainant Brad Gage, Midwest Spray Services, LLC, Complainant BetlerAirports, 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 

### 2FederalAviation Regulation -14 CFRPart 16 FORMAL COMPLAINT AGAINST THEW AHOO AIRPORT AUTHORITY WAHOO MUNICIPAL AIRPORT WAHOO, NEBRASKA

FAAIdentifier: 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 Replyto Respondent December 18, 2014Answerto Complaint. Because the Respondent did not answer the allegations one by one, instead they made wide blanket statements ofdenial ofall GrantAssurances 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 notbased on the facts, without re-writing the entire Complaint backinto this "Reply" to theRespondent 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 GrantAssurance 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 ofthe Answer and inthe multipleAffidavits. Each ofthe alleged Grant Assurance violationhad 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. ForExample, an answer ofsay SMC-2 is the Respondent response for all the photographs in a specific Item Number "X" where the Respondent has not uniformly enforcedthe Minimum Standards to keep the trash clear and chemical containers securely stored at the AGHangar on a specific date. The Respondent has not given a direct answer to the specific allegations in that Item Numberin the Complaint. Each Item Number "X" inthe 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, provenyear after year. It is difficult for the Complainant to "Reply" to such a wide gap ofneeded missing credible detail saying the Respondent position on each and every detailed allegation to agree, deny, orpass as to the alleged Grant Assurance Violation. There maybe actually as many as 300 alleged violations ofGrant Assurances, for each Item ofalleged Issues there maybe 4 alleged violations ofGrant Assurances within each Item Number "X".

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from BetterAirports, LLC, Walker AG Supply, LLC and Midwest Spray Service, LLC- ComplainantDelivered to Sponsor, the Wahoo Airport Authority, on September22, 2014- Docket: 16-14-08 3The 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 Answerto 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 ofthe (say) 300 alleged Grant Assurance Violations. Respondent make oneblanket statement ofdenial ofall (say) 300 alleged Grant Assurance Violations as their Answer onPage 5, last paragraph shown here:

Respondents deny each and every one ofComplainants' allegations regarding violations ofthese



### 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 ofthe violations in a 4 line statement, directly above. With this handicap ofhaving to "Reply"to such a blanket statement when the Respondent later inthe "Answer" does admit the evidence given in the Complaint was true as to Grant Assurance Violations. In spite ofwhat the Complainant believes are improper answers, ornon-responsive answers bythe Respondent, the Complainant will do theirbest to not re-visit the entire Complaint again, even though theblanket false general blanket statements bythe 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 inthis "Reply".

The Complainant will follow the order ofpresentation ofthe Respondent Answer ofDecember 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 significantnumber ofthe 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 ofthe relevant facts which serve as background to the W AA's adoption ofthe Minimum Standards shows that this is not true.


### ComplainantReply



# Bett:r~~:lrports Ikner i'''I''J' h_ l_l 1: Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority from BetterAirports, 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 4As required by 14 CFRPart 16 §16.23 (h) the Respondent has not specifically answered the specific alleged issues inin the Respondent Answer and the allegations inthe Formal Complaint ofGrant 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 of2009 as well as the spring of2010, the best 

### way for the WAA to maintain control ofthe safety and risks associated with the aerial application business. 

### In 2010 the Board established a limit to the number ofplanes allowed to conduct aerial application business at one time, and limited the numberofoperators allowed 

### to be on the WMA This 

### was amended several times throughout 2010 and 2011 

### inanattempt

### to 

### respect the business aspect

### ofthis operation ina

### rural 

### agricultural community but maintain controlofdevelopment, safety and the risks associated with 

### chemical spills. Luedtke's application and approval 

### was a test ofthe requirements the WAA 

### had worked for several yearsto perfect.

### SeeAfjldavitof MelissaHarrellattachedas Exhibit21. Complainant Reply The Respondent states in YELLOW above that in 2010 that the Board established a limit to the number ofplanes allowed to conduct aerial applications business at one time, and limitedthe number of operators allowed to be onthe WMA. That is a true statement as inDecemberof2011 the WAA did vote to limitthe number ofaerial spray operations. Mr. Jarod Storm even votedto limit the number of aerial operators as is evidence from the meeting notes. This again shows howthe WAA has shown preferential treatment towards Mr. Stormby allowing himto sit in and directly impactthe 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 ofplanes and number ofoperators allowed to be onthe WMAis a violation of Grant Assurance 22 and Grant Assurance 23 that are notpart ofthe Complaint, yet are now WAA admitted acts that are violations. The Respondent above statement gives a false impression oftheir attempt to maintain control ofrisks associated with chemical spills. Goingback to 2010, then wheyinthe Complainant are there aerial photographs that show a great deal ofchemical spill stains going away from Storm Flying Service Leased AG Hangar containmentpad that havebeenthere for years as evidence bythe degree ofstains.

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 

### 5The Sponsorhad years to perl'ect the risks for chemical spills from StormFlying Service, a Tenant or Operator since the mid-1990s and never did. Itwas not until the sunnner of2013 that Mr. Storm finally madea public admission that he cannot use his containment padbecause his airplanes are too large for a padthat was designed in the 1970s for much smaller airplanes. Storm Flying Service does not use his containmentpad as requiredper the minimum standards and ourphotos and audio recordings show the facts surrounding this grant assurance violation as ourFormal Complaint goes into great detail onthis subject. StormFlying Service had neverbeentold bytheW AAhe had to use his containmentpad 100% ofthe time and to havehis airplane coverthe containment pad 100% until the WAAreceived 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 oftheW AA minimum standards and exactlywhatWalkerAg Supply was asking to do yet has been denied this use for three years. This letter canbe found inthe Formal Complaint. Unfortunately it appears Ms. Harrell Affidavit statement is disingenuous and not supported bythe facts. As Mr. Storm still does not use his pad as required. The facts are inthe photos, audio tapes and documentation. When Complainant asked Ms. Harrell via a Public Record Request for copies ofall Chemical Spill Reports, as perthe State Law and the SPCC that all spills are to be reported in a spill report, Ms. Harrell replywas theyhad no chemical reports. Yet thepublic apron in front ofand onthe down slope, slopes away from the AG containmentpad is completely stained with chemical spills. Respondent Answer continued page 3
The WAA attempted to work with Luedtke onhis request. As a result ofa 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 ofthe taxi lane; 2) that he use a portable containment pad; 3) thathe 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 ofthese requirements was a direct result of the WAA'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 ofthe conditions. 

### SeeAJTulavitof Patrick.Burke (".Burke") attachedhereto as Exhibit20.
Complainant Reply Mr. Walker Luedtke was not instructed bythe WAAto satisfy five conditions as Mr. Patrick Burke states inhis Affidavit found inExhibit 20. InparticularMr. Walker Luedtke was never told he had to use his portable containmentpad as Mr. Patrick Burke states. Mr. Luedtke had a portable containment pad available inhis mobile unit in case of spill that is all he agreed to. Which is no different thanwhat Mr. Storm is allowed to do even to this day. Mr., Luedtke was NOTrequired to use portable containment in 2011 as he fell under the 14 day exemptionrule ofthe Department ofAgriculture. Unlike Mr. Storm for 2012,2013,2014where he still continues to not use his containment, Stormknows it, the airport knows it yet Storm is allowed to

Formal Complaint Issues, Evidence, and Allegations against the Wahoo Airport Authority fromBetter 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 7Here is a December 19,2011 public statementbythen WAA Chairman Mr. Mert Oden at the WAA Board Meeting that complemented Walker Luedtke on thejob he did using the Airport in July of2011 for the seven (7) days starting on July 27, 2011: 19:45 minutes into the recording ofthe 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 hadone small conflict with aperson that was not veryproper in what he was accusing us of down there [south end of theAirportnext to the Corporate Hangar]. Patrick Burke replies to Chairman Mert Oden question and statement: OK, but that wasn 't what I, the locations thatyou hadgiven, the locations thatyou hadshown me on the diagram where on this.

Mert Oden replies to PatrickBurke: Thatplus at the same area using the same locations of the concrete in the area. ----End ofTranscript Selected Section---- The Complainantpurpose in showing this transcript is the WAA 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 whatI was [addressing now]". Another public statement byWAA ChairmanMr. Mert Oden at a WAA Board Meeting on January 16, 2012 he states about Walker Luedtke use ofthe Airport July 27, 2011 for seven (7) days: At 0:46:00 minutes into the audio recording ofthe January 16, 2012 WAA BoardMeeting. Mert Oden- Airport Board Chairman states: About last year Patrick Burke statedproblems "There was not a problem" and two (2) other WAA Board Members are heard to support by saying in agreement "no problem" [with Walker Luedtke's use ofthe Airport for an Aerial Application Operation]. Here is anotherpublic statement made bythen WAA Chairman Mr. Mert Oden at the February 13, 2012 Board Meeting where Mr. Oden complemented Walker Luedtke on thejob 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 WAA Board Meeting. Mert Oden- Airport Board Chairman states: "We allowedyou [WalkerAGSupply} to come on anduse a taxiway to moveyourplanes, evenpark yourplanes, itwasn't aproblem. So, so, were not trying, andI'm notpicking on you. I likeyou; you are a friend of mine. All thefarmers are friends, Ijust want thefacts 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 

### 9Mr. Mert Oden went onto say at the July 13, 2012 WAABoard Meeting about the greatjob Mr. Walker Luedtke did inhis use ofthe Airport in late July2011, where Mr. Oden stated: 0:17:47 minutes into the recording for 11.2 minutes. Mert Oden-AirportBoardMember makes the statement:

"Ihave noproblem with whereyou ended up locating or what the situation was [in 2011 

## Jor

## if you didn't use a spillpreventionpadorwhatever, but the indication were thatyou were andI neversaida word toyou about thatandI'm still notgoing to condemnyou for it orsayyou did a bad thing. You [WalkerAGSupply} did a hell of ajob lastyear, 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 AABoard Member for 16 days, and WAA Chairman Mr. Mert Odenhad been a WAA BoardMember for some 36 +years. Mr. Walker Luedtke was taking his directions and seeking approvals for anyneeded changes as the circumstances changes; with 1.5" ofrains 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 ofchemicals by all the Commercial Aerial Sprayers; the final location onthe Airport as the true details are seen on site, VS from imaginary vision from a board room; ALL decisions and application ofwhat the WAA 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 bytheW AA Chairman, Mr. Mert Oden. All decisions and permissions were done byMr. Oden the Chairman oftheW AA and notMr. Patrick Burke who had only been a WAA Board Member for 16 days. Out ofrespect to Mr. Burke a new BoardMember he was communicated with as well as Mr. Odenby Mr. Luedtke, yet it was the permissions and approvals bythe Chairman, Mr. Mert Oden, that Mr. Luedtke looked to as the final advisor on all the Mr. Luedtke did those seven (7) days ofoperating at the Airport starting on July 27, 2011. As for Mr. Burkes issues with Mr. Luedtke using the airport in 2011 prior to anyMinimum Standards being enacted. Again, Mr. Luedtke's contact with the airport was Mr. Mert Oden boardpresident not board member Mr. Burke. Mr. Luedtke repeatedlymet and called Mr. Odento ensure that that the way he was conducting operations was acceptable to the WAA. Mr. Oden has repeatedlynot backed up Mr. Burkes statements inboard meetings and publicly said he took no issues along with otherboard members in the wayMr. Luedtke operated in 20II. Itis and was very apparent to Mr. Luedtke in 20II when they did use WAA that he would have issues with Mr. Burke. Mr. Burkerepeatedly 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 withboardpresident Mr. Oden not Mr. Pat Burke. Mr. Burke seems to be the onlyperson that takes issue with the wayMr. Luedtke operated in 20II. Eventhough Mr. Luedtke worked veryhard to meet Mr. Burkes demands. Ifthe wayMr. 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 ofMr. Luedtke's sprayplanes (according to Mr. Burke without radios) and Mr. Storms two planes were using the airstrip to conduct operations? The formal complaint details other aspects ofthis 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 10What seems to be occurring is the WAABoardMembers except

### Mr. Burke thought Mr. Luedtke did a "fine"job at the Airport as an Aerial Applicator Operator. Itis only

### Mr. Burke who at the time, had onlybeen a board member since July 11, 2014, some 10 days prior to the first July 21, 2011 WAA Board Meeting Mr. Burke references falsely as having some conditions that were not met, yet were also not stated in the vote ortheW AABoardMeeting Minutes as required conditions. Itis most likely

### Mr. Burke at the time was trying to make a name for himselfas the new member when all the other WAABoardMembers hadbeen there from 6 years to 36 +years. 

### Mr. Burke mayhave felt he had tall shoes to fill for he took an aggressive stand against Walker Luedtke and has not let up since, apparentlytojustifyhis extreme positions since his becoming a WAA Board Member on July 11, 2014. Again, 

### Mr. Burkehad onlybeen a WAA BoardMemberjust 16 days before Walker Luedtke submitted 100% ofthe required paperwork and started flying aerial spraying on July 27, 2011 for a total ofseven (7) days at the Airport. That documentation was all provided in the formal complaint. Below is a copy ofthe July 21, 2011 "SpecialMeeting" WAABoardMinutes that does not support in anyway

### Mr. Patrick Burke's false Affidavit statements in Exhibit 20 inthe Answer. WAHOO AIRPORT AlJiHORITY July 21, 2011 The Wahoo Auvort Authority, in accordance with agenda posted at City Hall, Post Office and FirstNational Bank met h1 regular session at City Hall. Chaimwn Mer! Oden called the meeting to order at 12:00 p.m. The OpenMeetings Law was located in the roombythe Chahn1an for the public'suse. The following board members answeredroll 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, apilot for the operation. TI1e aerial applicator application was presented to the Board by Hanell for review. The Boardreviewed the site plan ofthe 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 theirliabilitypolicy. Discussion offuel 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 WalkerAg Supply as presented, with the $400 annual fee to be paid before starting operatiollS, with the file! flow charge of$.50per 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 liabilitypolicy. Roll call vote: Oclen, yes; Burke. yes; Anderson, yes; and Storm, yes. Motion can·ied. Motion by Oden, secondedby 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 ofthe 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