Sunday, April 26, 2015

Longtime southeastern Michigan skydiving operation grounded during lawsuit with Al Meyers Airport (3TE), Tecumseh

TECUMSEH

The sky over Tecumseh will apparently remain quiet this skydiving season.

A judge ruled Friday she cannot order Al Meyers Airport to allow Skydive Tecumseh to operate from its runway while a lawsuit between the two businesses proceeds through court. A Dec. 14 initial hearing was scheduled for Skydive Tecumseh’s complaint, filed in March in Lenawee County Circuit Court.

The airport was purchased last year as the private property of Andrew Aalto, and he wishes to run the airport without skydiving, said Judge Anna Marie Anzalone. While Skydive Tecumseh has operated from the airport for many years and owns adjacent property, she said, “We do not have an easement that was placed in writing.”

Michigan law does not allow a legally binding easement to be created from an oral agreement, she said.

In January, Aalto informed Franz Gerschwiler, owner of the parachuting business, that he would no longer be allowed to operate from Al Meyers Airport. Aalto has stated he was concerned about the safety of the operation. Also, he is attempting to attract other businesses to the airport that would be in conflict with skydiving activity.

“We’re disappointed. The community is disappointed. It’s selfish behavior of a few,” said Tecumseh attorney David Stimpson, representing Gerschwiler. He will review a possible appeal with Gerschwiler, he said.

Attorneys for Aalto said they do not expect a change in the direction Aalto is taking the airport.

“We’re pleased by the judge’s decision. I think she made the right decision,” said attorney Charles Gross of Tecumseh. “I think there’s a silent majority out there who are happy that there is no longer skydiving.”

Stimpson and Gerschwiler claimed community support for continuing skydiving that has become a significant tourism business in the city.

Thousands have signed petitions and hundreds have written letters in support of Skydive Tecumseh, Stimpson said at Friday’s hearing.

Stimpson also dismissed safety concerns raised by Aalto in his opposition to a temporary order to open the airport to Skydive Tecumseh. Federal Aviation Administration officials have never found any violations in the 50-year history of the business, he said.

“He (Aalto) may not like it, but it doesn’t mean it isn’t safe,” Stimpson said.

The real issue is an implied easement given to Skydive Tecumseh when it purchased property from the airport to base its operations from, Stimpson argued. The former owner of the airport stated in a letter several years ago that the parachuting service would have “unfettered access” to the airport, he said.

“This case suddenly seems to be about the popularity of skydiving, but we know it’s about legal issues,” Gross told the court.

There are no court decisions to support the claim of an implied easement, he said.

“It’s got to be in writing,” Gross said.

“What this case is about is a piece of private property. My client can do anything with it he wants,” argued attorney Steven Chait of Waterford, also representing Aalto.

Skydive Tecumseh has grown into such a large operation, said Chait, “it is scaring away the other general aviation users from the airport.”

He said Skydive Tecumseh has not complied with terms Aalto set last year for operations, Chait said.

“Mr. Aalto doesn’t feel they can have a safe, trusting relationship here,” he said.

Stimpson told the court there are no alternative airstrips available in the area that can accommodate the parachuting operation.

Original article can be found here:  http://www.lenconnect.com

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