BEFORE THE UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

MCDONOUGH PROPERTIES, LLC

M & R HOLDINGS, LLC

TRI-D, LLC, AND

COL. FRANK BARNETT

Complainants

v. Docket No. 16-12-11

CITY OF WETUMPKA

Respondent

ANSWER OF THE CITY OF WETUMPKA TO COMPLAINANTS’

MOTION REQUESTING EXTENSION OF TIME TO FILE APPEAL

COMES NOW, the Respondent, the City of Wetumpka (“City), pursuant to 14 C.F.R. 

§ 16.19(c), and answers the motion of McDonough Properties, L.L.C (“McDonough”), M&R 

Holdings, L.L.C. (“M&R”), Tri-D, L.L.C. (“Tri-D”), and Colonel Frank Barnett (“Barnett”) 

(collectively, “Complainants”) requesting an extension of time to file their appeal of the October 

10, 2013 Director’s Determination in the above-captioned matter. While Complainants’ correctly 

state that the City has agreed to a 30-day extension of time, the City requests that any such 

extension be limited to no more than 30 days. 

In support of this motion, the City states as follows:

1. On August 28, 2012, the Complainants filed a Complaint against the City alleging 

a number of violations of Federal law, Grant Assurances, and agency policy. 
2

2. On October 10, 2013, Randall S. Fiertz, Director, Federal Aviation 

Administration’s Office of Airport Compliance and Management Analysis, issued a 

Determination finding that with respect to all of Complainants’ allegations, the City is not in 

violation of Federal law or its Federal grant obligations.

3. Pursuant to 14 C.F.R. § 16.33(b), Complainants may file an appeal of the 

Director’s Determination within 30 days after service. Complainants’ original deadline is 

Saturday, November 9, 2013.

4. On Wednesday, November 6, 2013, Raymond Veatch, counsel for the 

Complainants, contacted Pablo Nüesch, counsel for the City, to discuss a 60-day request to file 

an appeal to the Director’s Determination. On Thursday, November 7, 2013, Mr. Nüesch 

responded to Complainants’ counsel stating that the City will agree to a 30-day extension of 

time.

5. While the City has agreed to a 30-day extension as a matter of professional 

courtesy, the City opposes any extension of the deadline past Monday, December 9, 2013.1 The 

FAA grants extensions of time in Part 16 cases only “where necessary or appropriate for a fair 

and complete hearing of matters before the agency.” 14 C.F.R. § 16.11(a). Here, it is not 

necessary to grant an extension longer than 30 days. The parties have submitted an already 

voluminous record before the agency. And, although the City has long-desired to resolve the use 

of the property currently held by Complainants, the City’s ability to do so has been hampered by 

the uncertainty in the outcome of the proceeding in this docket. A continued delay in finalizing 

the issues raised in this docket will harm the City.

 

1

 Complainants state the 30-day extension results in a Thursday, December 12, 2013 deadline date. Complainants’

Motion at 2. Although, pursuant to 14 C.F.R. § 16.17, the period for timely filing an appeal to the October 10 

Director’s Determination runs until Tuesday, November 12, 2013 the actual deadline date is Saturday, November 9, 

2013. 
3

6. None of the Complainants hold a valid lease for property at the Wetumpka 

Municipal Airport (“Airport”).

7. Due to Complainants’ holdover status, the City has not sought to collect rent 

from McDonough, Tri-D, and Barnett for the period commencing on January 1, 2012 or from 

M&R for the period commencing on June 16, 2012.2 Under Alabama law, rent collection would 

extinguish the City’s right to bring an action for unlawful possession. See Housing Auth. v. 

Durr, 735 So. 2d 469 (Ala. Civ. App. 1998). 

8. Tri-D owes four years of outstanding rent (2010-2013). Moreover, on June 18, 

2013 a tax deed was issued to a third party transferring, to that party, ownership of all 

improvements on the property held by Tri-D. 

9. Barnett has paid no rent on his lease since he assumed the previous owner’s lease 

in 2010.

10. The City has been contacted by commercial aeronautical operators who wish to 

lease space at the Airport. All property that would meet the needs of these requests, besides the 

parcels occupied by the Complainants, is validly leased to other Airport tenants. 

11. The City needs a prompt resolution of the matters in this docket so it can 

determine the best course for operating the Airport in the public interest.

CONCLUSION

For the foregoing reasons, the City agrees to a 30-day extension of time for 

Complainants’ to file an appeal, but opposes any extension past Monday, December 9, 2013. 

 

2

 M&R was the only Complainant who held a valid lease on January 1, 2012, but its lease expired on June 15, 2012.
4

Respectfully submitted, 

/s/ Anjali G. Patel____________

Pablo O. Nüesch

Anjali G. Patel

Spiegel & McDiarmid LLP

1333 New Hampshire Ave., N.W.

Washington, DC 20036

Phone: 202-879-4000

Fax: 202-393-2866

Attorneys for the 

City of Wetumpka

November 8, 2013
Certificate of Service

I hereby certify that I have today, this 8

th day of November, 2013, caused the foregoing 

Answer of the City of Wetumpka to Complainants’ Motion Requesting Extension of Time to File 

Appeal to be served by U.S. mail with advance copy via email, on the following:

Raymond Veatch, Esq.

Attorney at Law

P.O. Box 109

Cambridge, MD 21613

E-mail: manager@internationalacs.com

Wade Ramsey, Esq.

Ramsey & Associates, L.L.C.

P.O. Box 382012 

Birmingham, AL 35238

E-mail: waderamsey@aol.com

Attorneys for Complainants

/s/ Anjali G. Patel___________

Anjali G. Patel