Roberts v. Daviess Cnty. Bd. of Aviation Comm’rs-85

FAA Docket No:

16-00-06

Lexis Cite:

2001 FAA LEXIS 731

Westlaw Cite:

2001 WL 1683273

Author:

Woodward, Woodie, Acting Associate Administrator for Airports

Author Title:

Acting Associate Administrator for Airports

Complainant(s):

Roberts, John C.|Roberts Hangars

Respondent(s):

Daviess County (Ind.) Board of Aviation Commissioners

Airport(s):

Daviess County Airport (DCY)

Holding:

Affirming Director's Determination of Mar. 1, 2001. See Determination No. 81.

Abstract:

In the original complaint, Complainant John C. Robert alleged that Respondent, Daviess County Board of Aviation Commissioners, owner and operator of Daviess County Airport had violated federal obligations regarding exclusive rights under Grant Assurance 23 by not granting Midwest Air Charter FBO status while granting another operator FBO status. The Director’s Determination found no violation and Complainant appealed. The Associate Administrator affirmed all findings of the Director’s Determination and additionally found the following:|New Evidence:|The Director did not err by failing to address allegation of the grant of exclusive fuel storage and sale rights to another commercial aeronautical entity, because the issue was not raised or argued in the initial Complaint or Reply. (pp. 12-13).|“It is well established that in an internal agency appeal process new evidence need not be admitted unless the new evidence was not available and could not have been discovered or presented at the prior proceeding.” (p. 14).|The new evidence of the Airport Minimum Standards was not permitted on appeal, because it “was available to Complainant but he chose not to present it in his complaint.” (p. 14).|The Director properly considered past conduct and events relevant “to the current situation in light of Respondent’s actions to establish minimum standards addressing the Complainant’s concerns.” (p. 16).

Index Terms:

Roberts v. Daviess Cnty. Bd. of Aviation Comm'rs -- No. 16-00-06