Judge Denies TRO Request Against The City, But Also Will Not Expedite A Hearing On Airport Rules

The long legal battle between Mile-Hi Skydiving and the City of Longmont, CO will not come to an early resolution, as the city had requested, but a judge has also refused to grant the skydiving company's request for a Temporary Restraining Order against the city.

The Times Call newspaper reports that Mile-Hi had requested the restraining order to prevent the city from implementing a new fee structure for renting land at the airport, and the installation of a surveillance system that would be used to assure that the company's clients land within the designated drop zone in paid-for public area.

The city had asked that Boulder District Judge Thomas Francis Mulvahill hear the case this month, but the hearing has been pushed back until May 31.

In its response to the city's motion to expedite, Mile-Hi had requested the temporary restraining order on the land use fees and video system. But Judge Mulvahill also denied the TRO, saying the company could not seek such relief in the response to the motion, which it had done. The judge also said Mile-Hi failed to establish that the company and its clients are being "irreparably harmed" by the city's actions.

 Mile-Hi continues to seek a preliminary injunction against the fee structure, under which the city charges just under 11 cents per square foot for the drop zone on an annual contract.

The judge also denied the city's request for an expedited hearing on a motion to dismiss the lawsuit on the grounds that the district court lacks jurisdiction in the case. The city argues that only the FAA can decide whether the complaint by Mile-Hi that the city's new airport policy is discriminatory has any merit.

The Longmont City Council met in a closed-door session Tuesday to discuss the case.

(Images from file)

FMI: Source report
Source report