Plane Sat for Years, Thought to be Abandoned

In 2001, a 1973 Piper Seneca experienced engine trouble during a flight. The owner, Jerry Dwyer, made an emergency landing at Waterloo Regional Airport (ALO) in Iowa... where it sat for the next five years, repairs pending.

As ANN reported last year, Dwyer became suspicious when he noticed parts of his aircraft were missing -- first an engine and propeller, then the landing gear, seats, autopilot... and then the radios, followed by the entire instrument panel.

Dwyer and his attorney, Colin Murphy of Mason City have now filed a lawsuit against the ALO airport board; the FBO, Livingston Aviation; and the man charged with stripping the aircraft, John Nocero of Cedar Falls, IA. The suit accuses the airport board and FBO of failure "to use a reasonable degree of care in storing the Piper."

Nocero admits he took some parts -- the engine, and the landing gear -- but he told Judge George Stigler he believed the aircraft had been abandoned, after tracing the Seneca's N-number back to now-defunct Dwyer Air. Nocero also stated he had received permission to remove the equipment from an employee at Livingston Aviation, where the plane had sat -- an assertion Stigler told Nocero many dispute, according to the Waterloo/Cedar Falls Courier.

Nocero used the scavenged parts for his experimental aircraft. He was charged and pleaded guilty to first-degree theft.

"We're going to defend it," said Airport Manager Brad Hagen. He said the suit has been turned over to the airport's insurance carrier, Phoenix Aviation.

Nocero, represented by attorney Gary Jones of Cedar Falls, has petitioned for the lawsuit's dismissal.

At some point the Piper was moved out of the hangar and stored outside, according to Iowa's Globe Gazette. Dwyer is seeking punitive damages, as the Seneca is "a total loss."

ALO officials insist they have tried to get Dwyer to remove the dilapidated Piper from their property since 2002 through a series of notices. That process had been suspended pending the criminal investigation.

The Seneca was removed last year, Hagen said.

FMI: www.flyalo.com, www.livingstonaviation.com