Says Lawsuit Could Be Successful, But Costly

In the long-running NIMBY battle between Florida's Martin County and the Federal Aviation Administration, a Denver attorney representing the county is recommending the county accept a settlement with the FAA rather than file lawsuit against the feds.

At issue is Witham Field in Stuart, FL, where nearby development has left runway 12-30 without adequate overrun safety buffers. The FAA claims previous federal development grants give it control of adjacent land where a golf course, a YMCA, and the Monterey Commons office park are located.

In 1998, the runway was extended, which required bulldozing homes to allow meeting the FAA's overrun protection minimums. The county has balked, and a decade-long dispute has resulted.

Now, according to a report in the Stuart News, attorney Peter Kirsch suggests his client, the county, accept an FAA compromise under which safety zones would be rolled back to 1998 requirements, and both runway ends would be equipped with an Engineered Material Arresting System. The FAA would bring all but 2.5 percent of the $7 million required for construction, leaving ongoing county expenses estimated at 5-thousand dollars per year for maintenance.

The compromise would still require moving seven homes -- down from 25 now targeted -- and the FAA has invited the county to apply for FAA funds to buy the homes.

The alternative, says Kirsch, is to budget at least $2 million for the lawsuit, which he believes could succeed... but might not be worth the protracted court battle.

The FAA compromise was presented to area residents at a public workshop Friday. There's no word yet on when Martin County might formally consider the proposal.

FMI: www.martin.fl.us/portal/page?_pageid=413,1&_dad=portal&_schema=PORTAL