City Ordinance Also Says Aircraft Must Be Garaged

A blow to homebuilders in Duval County, FL, near Jacksonville... as a judge has upheld a city ordinance that forbids people from building or working on airplanes at their homes.

The Florida Times-Union reports the ordinance -- just passed this summer -- also requires airplanes and airboats to be stored in enclosed garages.

Arlington, FL city council member Lake Ray (shown at right) sponsored the bill, after neighbors complained about Brian Kraut working on his Midget Mustang on his property. Kraut successfully fought off similar challenges in the past... and had argued Ray's bill was unconstitutional.

Alas, Judge John Moran didn't agree.

The judge acknowledged while Kraut and other homebuilders "may disagree with the city's decision to regulate aircraft on residential property, that does not mean that the decision was arbitrary and capricious," Moran said in the ruling. He added "cities have the right to zone based on aesthetic (or noise) considerations."

Kraut's attorney, Jeffrey Ludwig, says he plans to file a motion asking for clarification of Kraut's ruling, stating the judge failed to say how he differentiated from working on an airplane, to a homeowner working on a car.

"This is one more indication of just how unfriendly City Council has become to aviation and aviation interests in Jacksonville," he said.

Aero-News will continue to follow this story closely.

FMI: www.coj.net/City+Council/District+1/default.htm