"Airport Land Use: Officials await next step in court battle over Michigan airport homes"

["Stephen Irwin" <stepheni@xxxxxxxxxxxxxxxxxxxxxx>]

Tuesday, April 3, 2007

Officials await next step in court battle over airport homes
The legal battle is over the airport's effort to purchase rights to space
above five houses at Lake Madison.
By Dennis Pelham
The Adrian (MI) Daily Telegram


MADISON TWP. - Lenawee County Airport officials said Monday they are
relieved the Michigan Court of Appeals overturned a trial judge's ruling
last year that five houses at Lake Madison must be purchased because of a
2005 runway extension project. But the next step in the purchase of aviation
easements over the homes is not yet clear.

"We're happy to report we won the appeal," said Lenawee County Commission
Chairman Jim Van Doren, R-Tipton. "We're quite pleased it went our way," he
said during the airport commission meeting.

Owners of the five homes still have an option to ask the Michigan Supreme
Court to review the case, Van Doren said.
 
If that were to occur it would delay a resolution of easement purchases for
months, said Lenawee County Prosecutor Irving Shaw.

"If they ask for leave to appeal you could expect it to grind around in the
appeal process for another year or so," Shaw said. The state's high court
has the option of whether to actually review the case and rule on it, he
said, or simply find there is no issue that merits review.

The legal battle is over the airport's effort to purchase rights to an
expanded space above the homes that would have to remain free of any
objects, including buildings and trees. The larger safety zone is required
by the Federal Aviation Administration because of the longer runway,
although approach patterns actually have airplanes traveling higher above
the homes than before.

The homeowners claimed the county should buy their entire property and
remove the houses.
 
Judge William Collette of Ingham County, who was assigned to hear the
condemnation lawsuit, ruled in favor of the homeowners last year.

He ordered Lenawee County to buy the houses and pay the owners a total of
$1.6 million. The order was put on hold while the ruling was appealed.

"This court believes forcing defendants to remain in their home constitutes
an unnecessary risk to their lives," Collette stated in his ruling.

A court of appeals panel reversed Collette's decisions on March 22.

"The trial court improperly invaded the province of the jury and deprived
(Lenawee County) of a right to a jury trial on the issue of just
compensation," the Appeals Court panels stated.

Citing regulations and memorandums from FAA officials, the panel found that
Collette was clearly wrong in ruling that federal regulations prohibit homes
in runaway protection zones "as a matter of law."

The panel also found that Collette relied on his personal feelings rather
than evidence to decide that the value of the five Lake Madison homes was
completely destroyed because of the object-free zone above them was
enlarged. That decision, because there is a dispute over facts, should be
left to a jury to decide, the panel stated in remanding the case to Collette
to conduct a trial.

Van Doren said he expects negotiations over the purchase price of the
easements to resume with property owners, which could avoid a jury trial.

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