E.C. in mediation over airspace at airport
Airport
By LAURA ROADY
Staff writer
Denial of a commercial building permit spurred an appeal over the wrongful taking of airspace at the south end of the Boundary County Airport.
Craig Wheatley, owner of E.C. Enterprises on Sunrise Road, appealed the application denial before the Boundary County Commissioners on Oct. 1.
“An issue of taking property without just compensation,” said Mark Lions, Wheatley’s attorney. “Taking airspace entitles an owner to just compensation.”
At contention by Wheatley is the inability to build on a large portion of his property due to airspace regulations.
With the 2012 airport zoning ordinance, a significant portion of his property is restricted by airspace down to the ground.
E.C. Enterprises purchased the 23-acre property in 2006. Joe Farrell, Wheatley’s Realtor, said he recommended Wheatley visit with an attorney before closing on the property and Wheatley subsequently deemed the property viable for his business.
In 2007, Wheatley acquired a building permit subject to 2006 airport ordinances. Under the 2006 airport ordinance, Wheatley was able to build up to 35 feet, said Lions.
The difference between the 2006 and 2012 airport ordinances is that the 2012 ordinance is based on the future runway extension. The Boundary County Airport Board plans to extend the runway 1,200 feet in 2016.
“The airport is a growing, viable part of the county,” said Airport Manager Dave Parker. “We are in the top seven active airports in Idaho. It is not unrealistic for Bonners Ferry to expand.”
Currently the runway is 4,002 feet in length. Other area runways are a minimum of 4,200 feet including Priest Lake at 4,400 feet and Libby at 5,002 feet.
In the 2012 airport ordinance, the Airport Board planned for the larger airspace needed for the runway extension in accordance to regulations. However, they recently learned from the Federal Aviation Administration (FAA) that regulations changed.
The changed airspace rules impacted the airspace off the end of the runway over Wheatley’s property.
Lions presented the Boundary County Commissioners with four options to solve the issue at hand: 1) repeal the 2012 airport ordinance, 2) modify the 2012 airport ordinance to the existing runway, 3) relocate E.C. Enterprises to a similar area, or 4) pay E.C. Enterprises for property taken, including airspace.
“There is no time table right now,” said Lions. “My client is in a position he can’t take any action. The interest of a non-producing airport is in front of an active business. We need a concrete timeline or this will end up in court.”
“This is a complicated issue,” said Commissioner Walt Kirby, . “It’s not in the best interest to deny or be upheld without further studying. My approach would be mediation to solve the problem.”
“We need to make a decision for the best interest of the county, including E.C. Enterprises,” said Commissioner LeAlan Pinkerton. “We need to evaluate what direction we want to go with the airport and the county.”
Boundary County Commissioners decided to table the decision to accept or deny the appeal and enter into mediation with Craig Wheatley with a decision by Dec. 2.