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County Attorney's Report 10. 1.

BCC Regular Meeting

Information

Meeting Date:	05/02/2013
Issue: Coastal Airport, LLC v. Escambia County, FL; Case No. 2013 CA 000711
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Coastal Airport, LLC v. Escambia County, FL, Case No. 2013 CA 000711.

That the Board accept the following informational report concerning Coastal Airport, LLC v. Escambia County, FL, Case No. 2013 CA 000711.

BACKGROUND:

Coastal Airport, LLC had become embroiled in a dispute with the FDOT concerning its airport license and the height of trees abutting its runway, impeding flight paths. On March 12, 2013, Coastal Airport, LLC filed a lawsuit against Escambia County, Florida contending that it was entitled to a writ of mandamus to compel the County to enforce § 333.03, Fla. Stat. (2012) which provides that local governments shall adopt, administer, and enforce ordinances and zoning regulations in airport hazard areas. Through Article 11, Land Development Code, the County had enacted an ordinance defining an airport hazard as any tree which obstructs the airspace required for aircraft taking off or landing. Coastal Airport asserted that this ordinance required the County to cite landowners abutting its runway to remove trees and, if the landowners refused, that the County was required to expend monies to cut down offending trees. County had previously declined to cite abutting landowners for tree obstruction because of the enormous costs involved if the landowners refused to abate the obstruction of the trees.

Coastal Airport set an ex parte hearing on its request for a writ of mandamus. Prior to the hearing, this office provided to the attorney for Coastal Airport relevant Florida case law, including two Florida Supreme Court decisions, which stood for the proposition that local governments have the flexibility when and how to enforce its ordinances. Case law further held that because Escambia County is imbued with this discretion, it cannot be subject to a writ of mandamus. Having reviewed this case law, the attorney for Coastal Airport cancelled the ex parte hearing.

Coastal Airport has resolved its licensure issue between it and FDOT without further intervention by the Circuit Court. It had previously received a letter from FDOT stating that either the trees had to be cut or it could displace its runway (in other words, shorten it) by 46 feet and thereby become compliant with FDOT regulations. Accordingly, the Coastal Airport voluntarily dismissed its complaint for a writ of mandamus, a copy of which is attached.

This means that Coastal Airport has dropped its request for mandamus relief against Escambia County and will not pursue the claim any further. Because the dismissal is without prejudice, there is always a possibility that Coastal Airport may later file a similar claim against the County. Should it do so, this office will vigorously defend the County's interests.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Voluntary Dismissal Notice