Wednesday, December 13, 2017

Commonwealth Ports Authority asks court to dismiss Star Marianas lawsuit

The Commonwealth Ports Authority has asked the federal court to dismiss the lawsuit filed by Star Marianas Air.

In its complaint, Star Marianas accused Commonwealth Ports Authority and other unidentified individuals of breach of contract, and violation of the Anti-Head Tax Act.

The Commonwealth Ports Authority, through attorney Robert T. Torres, said the court should dismiss Star Marianas claims because the Anti-Head-Tax-Act does not provide for a private right of action, adding that the court has no jurisdiction over the alleged federal claim because the air carrier has failed to exhaust administrative remedies.

If the court finds it has no jurisdiction, it has no discretion to exercise supplemental jurisdiction and must dismiss all of Star Marianas’ claims, Torres added.

Represented by attorney Timothy Bellas, Star Marianas said Commonwealth Ports Authority user fees are excessive and that the ports authority is not complying with the requirements of their airport use agreement.

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Williamsburg Landing gets approval to expand toward Williamsburg-Jamestown Airport (KJGG)

A map of Williamsburg Landing and the Williamsburg-Jamestown Airport included in the Planning Commission meeting agenda.
(Courtesy James City County)



Williamsburg Landing has received permission for the construction of 135 new residences.

James City County’s Board of Supervisors voted unanimously Tuesday to approve an application for the expansion of the retirement community.

The proposal, submitted by Paul W. Gerhardt and William L. Holt of Kaufman and Canoles, calls for the construction of structures up to 60 feet tall to house 135 independent living units, according to meeting documents. Sixty-five of the housing units will be duplexes or townhomes, and 70 will be apartments.

Founded in 1985 along College Creek, Williamsburg Landing is a “Life Plan Community,” whose more than 500 residents maintain independence and receive health care on site as they age and their health needs change.

Supervisor John McGlennon supported the application, calling the proposal “one of the better uses” for the property. He also added that Williamsburg Landing has become an “essential component” of health care in the community.

Williamsburg Landing did not provide a timeline for construction, but the Board granted a 10-year Special Use Permit in which to begin construction. Williamsburg Landing also received a height limit waiver in order to construct buildings up to 60-feet-tall.

The proposal also required the rezoning of the 15.5-acre parcel from the airport designation to the R-5 Multifamily Residential district, which strikes a balance between multifamily dwellings and lower-density developments.

The approved residences will be built as close as roughly 950 feet away from the Williamsburg-Jamestown Airport, according to meeting documents- more than 500 feet closer than existing buildings.

While the Virginia Department of Aviation and some members of the county’s Planning Commission expressed concern over air traffic safety and potential noise complaints due to the proximity to the airport, the commission voted unanimously to recommend the proposal in November.

The Department of Aviation requested the county receive a “Determination of No Hazard” from the Federal Aviation Administration prior to approval. The FAA conducted the aeronautical study of the proposal in June and determined “the structure does not exceed obstruction standards,” and posed no hazard to air navigation, according to meeting documents.

Williamsburg Landing has had the parcel under contract since 2016, according to a presentation from the applicant.

Applicant Will Holt said the new residences would allow Williamsburg Landing to continue to serve the community and bring in new residents from the community’s waiting list.

“James City County’s aging resident’s need a place to go,” Williamsburg Landing’s Resident Council President Bill Kaufmann said before the board. “Williamsburg Landing wants to provide that place so families don’t have to look outside the area. It’s a painful decision for families who want to keep loved ones nearby.”

Original article can be found here ➤  https://wydaily.com