But Defending Against JCM Litigation Has Closed Some Down

Hot air balloonists in California have achieved what may be a hollow victory over JCM Farming, Inc. of Solana Beach. The corporation constructed a fortified compound and erected signs warning of guard dogs and armed response to trespassers on land zoned for agricultural use.

In an apparent effort to impose its own restrictions on the use of airspace above its facility, the company filed lawsuits against hot air balloon ride providers it said were flying too low over the facility, which it described in part as "intended to provide a secure meeting place and retreat for VIPs, dignitary and other notable individuals and/or the companies they represent." The FAA twice investigated complaints, and found the balloonists were operating within the regs. Finally, after more than two years, on August 15th, the suits were dropped.

But the Desert Sun reports it's too late for many of the defendants, whose businesses were essentially destroyed. One balloonist claims he spent $177,000 in attorney's fees. Even the FAA was added to the lawsuit by JCM, after it declared there were no violations of its rules.

Development Management Group of Palm Desert conducted a study which found that the overall economy of the Coachella Valley lost almost 95 percent of the balloon industry's $9.7 million annual contribution between its peak in the 2005-2006 season and this year, only about a third of which could be blamed on the recession.

It may be possible for the former defendants to sue JCM for damages caused to their businesses, but it's not clear any of the balloonists will open that door to more unknown legal costs.

FMI: www.mydesert.com/article/20110831/NEWS01/108310312/Balloon-case-reveals-expense-inequity-civil-lawsuits