David E. Mealy et al. v. Clarion County Airport Authority – No. 16-18-06

FAA Docket No:

FAA Docket No. 16-18-06

Complainant(s):

Respondent(s):

Airport(s):

Clarion County Airport

Holding:

Abstract:

Complainants own two aircraft that are both housed in Hangar "C" at the Clarion County Airport pursuant to an Aircraft Hangar Lease with the Airport. The lease does not provide a demarcated space to the Complainants for their aircraft. In addition to the Complainants’ three aircraft, approximately six other aircraft are also housed in Hangar “C” on terms identical or substantially similar to the Mealy Lease (i.e., $200/per month per aircraft and no demarcated space). In April 2017, the Airport leased space in Hangar “C” to the Center for Emergency Medicine of Western Pennsylvania, Inc. d/b/a STAT MedEvac, a private, for-profit Pennsylvania corporation. The MedEvac Lease provided terms much more favorable than those afforded to Complainants or any other lessees of the Airport Authority, according to the Complainants. For example, the MedEvac Lease entitled it to exclusive use and possession of a fall one-fourth of the space in Hangar “C,” which is delineated by a physical marker. However, no other lessee has a delineated leased space in any Airport hangar.

After the commencement of the MedEvac Lease, Mr. Mealy began observing dangerous and hazardous conditions created by STAT MedEvac’s use of the premises and the storage of their supplies and equipment in the preferential and exclusive space it was provided. STAT MedEvac’s use of its "leased space would often block the Hangar doors such that other lessees were unable to use their aircraft.

The Complaint goes on to allege various conduct by the airport that was aggressive and illegal, including wrongfully terminating the Mealy Lease as of August 27, 2017, depriving Complainants from their lawfully leased space. Moreover, Complainants were unable to access their aircraft and belongings without fear of an escalated physical confrontation, criminal allegations, and further harassment. According to the Complainants, moreover, the airport further breached the Mealy Lease by refusing to honor the renewal provisions of the Mealy Lease and, instead, insisted that Mr. Mealy sign a new lease, with a Code of Conduct specifically included to preclude Mr. Mealy from expressing safety concerns about MedEvac and others in a manner which would not be "diplomatic."

The action is currently pending.

Index Terms: