Tue, Mar 04, 2008
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.
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