Operator Of FBO Fails In Premise That Lockout By Landlord Violated Fourth Amendment

A federal complaint by DeKalb Aviation in Illinois, which claimed its Constitutional protections against unreasonable search and seizure under The Fourth Amendment were violated by the City of DeKalb back in December, has had its lawsuit dismissed.

Local news site daily-chronicle.com reports the city declared the FBO in default of the terms of its lease for not storing and selling fuel as required, and after it didn't pay its November rent at DeKalb Taylor Municipal Airport, where it had operated since 2008. As landlords often do in cases of deadbeat tenants, the city changed the locks and seized the company's property pending settlement.

DeKalb Aviation responded in January with a lawsuit against the city of DeKalb, various city officials and Airport Manager Tom Cleveland claiming the action constituted unreasonable search and seizure. Judge Frederick Kapala of the Northern District of the U.S. District Court asserted in his ruling, “In this case, even taking all of plaintiff’s allegations as true, the seizure of the plaintiff’s personal property from the disputed property was not unreasonable...Plaintiff’s failure to pay the November 2010 rent constituted a default under the lease agreement.”

Kapala's ruling dealt with only two of the six counts in the FBO's lawsuit covered by federal law. Four additional counts were dismissed without prejudice because the judge ruled they should be pursued in state courts. The city's March countersuit, seeking damages from DeKalb Aviation for unpaid rent and failure to store and sell fuel as required by the contract, has also been dismissed.

Attorney Joanie Rae Wimmer, who has represented DeKalb Aviation, says a decision on an appeal has not yet been made.

DeKalb Mayor Kris Povlsen says he feels positive for the city. “We felt pretty strongly that it wasn’t a legitimate case to begin with.”

FMI: http://dekalbcountyonline.com/2011/02/03/dekalb-aviation-contracts/