HomeMy WebLinkAboutLaurel Airport Authority Minutes 06.27.1999LAUREL AIRPORT AUTHORITY ~ June 27,1999
Meeting c~11ed to order at 1900 by Chairma~ John Smith.
Members present;Bill Bren~an,Bob Spa~nagel,Bob Western,and Roy Zahm.
Guests present ;Fr~ Wagner,Dave Donavan,end Frank Folks.
Minutes of the May meeting were approved as read.
No bills were available to be presented.
According to a letter(enclosed with these mlnutes)Fox's and/or thier
have reneged on the agreed upon settlement. They have appointed Clarence Foes ·
as thier representative at a value hearing. We will appoint someone and the
two will pick a third party.
We discussed the Quonset hut. If title is given to the M.P.A. they w~11 have
to insure it and pay property taxes on it. Discussed leasing it to them.
Must be handicapped available. Clearing,Landscaping, etc.
Schlabs a~d Kronmiller skydi~ng ~up were supposed to help develop
the park west of the Quonset hut according to our agreement of Sept.1998.
There have been numerous complaints about this group using the east end
of the hsmgar area for a jump zone instead cf the approved Jump zone
west of the ramp. This has resulted in blocked taxiways,parking cars i~
the ~ar area,mud being tracked onto the taxiways by vehicles~etc.
Moved by Spannagel to contact them and inform them that they must abide
by our previous agreement or cease operations. Seconded by Brown.ri. Passed.
Discussed building a building to park our vehicles in.
Meeting adjourned at 2010,
Bill ._~r~n~a~ ~
Seereta~.
PETERSON and SCHOFIELD
ATEORNEYS AT IAW KE..~ D .ETE~C~ [~]~E C. SC~F,ELD
1645 PARKHILL DRIVE, SUtTE 6 · 81LLINGS, MONTANA 59102 · PHONE: (406) 252-6679 (888) 252-6679 · FAX: (406) 252-4919
Gary Beiswanger, Esq.
P. O. Box 20562
1500 Poly Drive
Billings, Montana 59102
Dear Gary:
10 June 1999
re: Laurel Airport v. Fox
To say the least, I am very disappointed that the Fox settlement broke down. As I indicated to
you over the telephone, we did, in fact, have a settlement of $1,800.00 per acre for the 27.78
acres and $45,000.00 for attorney fees and costs for a total of $95,004.00. That was the
settlement that we proposed and that was the settlement that was accepted. The $1,800.00 per
acre is substantially more than either of our appraisers have appraised. Monty Banks appraisal
is $1,080.00 per acre with no damage to any of the remainder because of access or otherwise.
Steve Repac appraised the property at $475.00 per acre with $4,000.00 damage to the remainder
because of access. It is also clear from Thor's appraisal that he believed the value of the whole
is $1,035.00 per acre. Under the correct criteria you merely subtract the before and after values
and that results in about a $29,000.00 difference and not $55,000.00.
As I have indicated, from this point on we will take the position that the Foxes are entitled to no
attorney fees and costs for the necessity hearing because they were not the prevailing party. If
the court agrees with us then the Foxes will pay the attorney fees and costs for that portion of the
proceeding out of their award. In any event, we will be prepared to appoint a value commissioner
shortly. When we do, we will advise you who that is and we will ask those two value
commissioners to pick a third and proceed to hearing on 1 October.
Sometime before the hearing I would like to take Thor's deposition and I would appreciate it if
you would advise me when he would be available.
Thank you.
Very truly yours,
PETERSON and SCHOFIELD
KDP/bla
cc: Craig Canfield
Dr. Smith
ltr~La urelBeiswanger, lltr
Kenneth D. Peterson