Mon, Dec 18, 2006
City Ordinance Also Says Aircraft Must Be Garaged
A blow to homebuilders
in Duval County, FL, near Jacksonville... as a judge has upheld a
city ordinance that forbids people from building or working on
airplanes at their homes.
The Florida Times-Union reports the ordinance -- just passed
this summer -- also requires airplanes and airboats to be stored in
enclosed garages.
Arlington, FL city council member Lake Ray (shown at right)
sponsored the bill, after neighbors complained about Brian Kraut
working on his Midget Mustang on his property. Kraut successfully
fought off similar challenges in the past... and had argued Ray's
bill was unconstitutional.
Alas, Judge John Moran didn't agree.
The judge acknowledged while Kraut and other homebuilders "may
disagree with the city's decision to regulate aircraft on
residential property, that does not mean that the decision was
arbitrary and capricious," Moran said in the ruling. He added
"cities have the right to zone based on aesthetic (or noise)
considerations."
Kraut's attorney, Jeffrey Ludwig, says he plans to file a motion
asking for clarification of Kraut's ruling, stating the judge
failed to say how he differentiated from working on an airplane, to
a homeowner working on a car.
"This is one more indication of just how unfriendly City Council
has become to aviation and aviation interests in Jacksonville," he
said.
Aero-News will continue to follow this story closely.
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