Judge Harold Murphy in the United States District Court, Northern District of Georgia, Rome Division, has dismissed the federal court case filed by Silver Comet Terminal Partner, LLC (SCTP) against Paulding County, Georgia and remanded to the Superior Court of Paulding County the original case filed by the County seeking a Declaratory Judgment to determine the validity of the 139 Application as filed with the FAA by former Airport Director, Blake Swafford.
Swafford, who filed the 139 application with the FAA, recently resigned as Paulding’s airport director to pursue another opportunity.
Judge Murphy determined that it should not preside over Silver Comet Terminal Partner’s Declaratory Judgment action as the claims asserted were, at their core, questions of state law concerning contract interpretation and local government law.
In addition to filing their (now dismissed) federal court case, Silver Comet Terminal Partners had also attempted to have Paulding County’s previously filed Declaratory Judgment Superior Court action removed [sent] to the federal court for filing.
The Court denied the removal motion and determined that no federal question existed in that suit, which would allow for the federal court to take jurisdiction. The Court remanded (sent back) that action to the local Superior Court, where it was originally filed by the county.
In a January 28 letter, SCTP notified the airport authority that it would not make the scheduled bond payment due on February 1st, or continue to make future payments. Further, the letter urged the Airport Authority to seek to be reimbursed for principal and interest payments made in February and August of 2015 totaling $441,756.50, since those payments were and remain the “absolute and unconditional” obligation of Paulding County.
Propeller Investments CEO Brett Smith, contacted soon the Silver Comet case was filed, said that the company has been forced by the county to act.
“We’re happy to make the bond payments, but the county says they’re not valid -- but pay them anyway. You can’t have it both ways,” Smith said.
At the time the case was filed by Silver Comet Swafford said any further actions by Paulding’s Airport Authority would depend on the outcomes of the existing litigation. “I really don’t see that we’ll be looking to file an additional lawsuit. We’ll just be looking to see where the resolution will be, based on these other suits that have already been filed,” he said. Ongoing ligation had reached three significant lawsuits thus far with the county filing suit against the airport authority and the Industrial Building Authority and Silver Comet Terminal Partners filing suit against both the county and the airport authority.

(Photo: Silver Comet entrance. R. Grant)