CAA: GA News, "Judge confirms Oceanside, California's right to end airport agreement"

["Stephen Irwin" <stepheni@xxxxxxxxx>]

Saturday, September 14, 2002 

Judge confirms city's right to end airport agreement 
By Lola Sherman 
THE SAN DIEGO (CA) UNION-TRIBUNE


OCEANSIDE - A Superior Court judge has confirmed his tentative decision
in June that the city may terminate its agreement with Sea Winds
Aviation to operate a flight school at Oceanside Municipal Airport. 

But Judge Michael Anello prohibited the eviction of Sea Winds for 60
days. 

In that time, the company, which also acted as airport manager before
its contract was terminated, can appeal Anello's decision. 

Pat Williams, Sea Winds owner, could not be reached for comment
yesterday. 

City Attorney Duane Bennett said yesterday that the 60-day waiting
period could be lengthened or shortened if there is an appeal. 

Sea Winds sued when the city terminated its contract early this year. 

It said it had properly exercised its rights to a 10-year, or at least
the first of two five-year, options to continue. 

The city and the judge decided otherwise. 

Oceanside Municipal Airport has been a continuing source of controversy
in the city, with one group, Oceanside Citizens Against the Airport,
headed by C.C. Charity, lobbying for its demise, and another, Oceanside
Airport Association, headed by pilot Alan Cruise, campaigning to not
only save but expand the San Luis Rey Valley landmark. 

Judge Anello wrote in his decision that "it would be a rare case indeed
when a court would be justified in second-guessing or overturning a
city's determination as to what was in the 'public interest' of its
citizens."


   Post your opinion on this story in the CAA General Aviation Forum
http://www.californiaaviation.org/cgi-bin/dcforum/dcboard.cgi?conf=DCConfID2

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