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Wed, Feb 21, 2018

U.S. Court Of Appeals Set To Hear Skydive Myrtle Beach Appeal

Oral Arguments Scheduled For May 8-10

The U.S. Court of Appeals for the 4th Circuit in Richmond, VA has tentatively scheduled oral arguments for May 8-10 for a complaint brought by Skydive Myrtle Beach against the Horry County, SC Department of Airports.

The Grand Strand Daily reports that the case dates back to 2014, when the company reported what it said were discriminatory actions against the company on the part of the HCDA to the FAA. The county alleged safety violations in what the company said was an attempt to have them evicted from Grand Strand Airport.

The skydiving company was evicted from the airport in 2015 based on a 73-page FAA Directors Determination that was largely based on 112 alleged safety violations committed by the company. SDMB says that the violations were improperly documented by the HCDA and Robinson Aviation, the contract tower operator at the airport.

The FAA has admitted in emails that it has no documentation regarding investigations, fines or other actions taken by the HCDA on the alleged violations on at least three occasions since the Determination was published.

Horry County Attorney Arrigo Carotti says that the county acted legally. In an email sent to at least one member of the County Council, Carotti said:

“The misrepresentation of facts and the law has been ongoing on the part of (Skydive Myrtle Beach owner) Mr. (Aaron) Holly, misguided bloggers, and Holly surrogates for several years now, involving universally unsuccessful litigation by Holly, and pending litigation against the FAA, the State of South Carolina, Horry County, officials and employees. There have been no new admissions, the FAA’s and County’s sound positions in the matter remaining the same.  Defamatory commentary on the part of Holly and his surrogates also has been ongoing and is expected to continue, but has been rightfully dismissed by all who have discerned the true set of affairs, borne out in voluminous court documents and public records."

However, the paper reports that after reviewing "voluminous court documents and public records", the Court of appeals has determined that it will hear oral arguments in the case, rather than dismiss it outright as was requested in a filing by the county.

(Image from file)

FMI: Original report

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