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City of Atlanta file lawsuit over airport acreage

The City of Atlanta opted to file suit against Paulding County and the Paulding County Airport Authority over the long-debated use of the 162.8 acres of land the city sold to Paulding County in 2007, a small piece of the 10,165 acres of land Atlanta bought in 1975 for a potential second commercial airport, which the city contends was originally sold with an understanding that it would not be used for the development of a commercial airport.
“From the outset of the development of the Paulding Airport, Paulding County promised that the Paulding Airport would be -- and would always remain -- a general aviation airport that would not be used to provide commercial airline service,” the city of Atlanta contends in its lawsuit.
The city has threatened legal action dating back to the 2013 announcement that Paulding’s airport was endeavoring to add limited commercial service. The suit was filed in Paulding Superior Court on the afternoon of June 23rd.Acreage720Timing for the lawsuit was apparently based on the judgment by the city that the ongoing dispute regarding the future of Silver Comet Field and the specified acreage could still result in the property being used in the service of a commercial venture.
During their regular meeting last week Paulding post commissioners expressed upset with Chairman Carmichael that he did not inform them of being served with the lawsuit until after the July 4th holiday and several days after he knew of the city’s intent to sue. Carmichael responded that because a response was not required for 30 days from the date of the notice, he set it aside until after the July 4th holiday.
Post commissioners accused Carmichael of withholding the news to insure their favorable vote on a previous agenda item to accept $624,526 in FAA funds for FY17 Airport Improvement Program grant and another $145, 885.50 for the Supplement 2 Environmental Assessment (EA) Grant, that the BoC had tabled from the first June meeting until the second meeting on June 27 and remained tabled at that time.
Then Paulding commissioners met for a called meeting on June 30, and, following some discussion regarding the outstanding bond balance connected with the airport, passed the agenda item with a 5-0 vote. According to Acting Airport Director Terry Tibbitts the timing for funding disbursements is to catch-up projects that have already been completed and are past due that have no further requirements, he said. Tibbitts addressed the BoC last week.
Tibbitts had served as the airport’s liaison to the FAA, which regulates and provided much of the funding to build Silver Comet Field in 2007.
Per the Intergovernmental agreement, Tibbitts said, “...this money is generated based on taxes...basically user fees that are then funneled through the airport improvement program to airports around the nation to maintain the infrastructure of the flying community,” he said. Additionally Tibbitts told commissioners the $145,000 amount is for the additional work done that was required in connection with the EA Supplement.
Other funding is reimbursement for projects already completed including water monitoring, wetlands mitigation, and other projects, he said. Carmichael told post commissioners last week that he didn’t see the two things in conflict, but apologized for withholding the notice of the lawsuit from the other board members. Carmichael is alone on the BoC in not opposing the option to add commercial service to Paulding’s airport.
The controversial property has been the focus of local struggles when last December Chairman David Austin on his last day in office executed a deed to transfer the property from the county to the airport authority, which would give the airport authority more control. As a result of their voting session last week the BoC added a kind of quid quo pro resolution to the afternoon agenda that required the condition that upon receipt the FAA grant funds would be retained by the county unless the PCAA will deed the 163-acre property that is the subject of the City of Atlanta lawsuit back to the county. Not surprisingly the vote to do this was 4-1 with Chairman Carmichael opposing. FAA CORRESPONDENCE
In a letter dated July 3rd and sent to both Chairman Carmichael and current Airport Authority Chairman Boyd Austin, the FAA’s Director of Airports Division, Southern Region, Stephen E. Hicks, expressed concern over the past two years of conflicting communications from both the Paulding Board of Commissioners and the Airport Authority, which said Hicks, “...has left the FAA with serious concerns about the County and Authority to satisfactorily perform their obligations as a federally obligated airport...and further that “...under the circumstances it does not appear that the County and the Authority are abiding by these commitments.”
Hicks clarified that the FAA will not be involved with disputes between the two entities, nor is it their role to do so, he said. In conclusion, Hicks delivered the directive that “...going forward, the FAA will respond only to joint communications submitted by, or on behalf of, both co-sponsors...with no exceptions until further notice.” Airport Director Tibbitts couldn’t be reached by press time for comment regarding the lawsuit or recent FAA correspondence.

Airplane view of Paulding's airport site. The City of Atlanta has filed suit against Paulding County and the Paulding County Airport Authority over the long-debated use of the 162.8 acres of land the city sold to Paulding County in 2007. (Photo: submitted)