Judge Cites John Travolta in Pegasus V. Hall Rehearing

Does the Runway at Reynolds Park Constitute a Real Airport?

John Travolta lives in an excusive fly-in neighborhood near Ocala. If Jumbolair were in Clay rather than Marion County, the legal consequences might differ greatly depending on whether or not it was within the boundaries of the City of Green Cove Springs. (Google Maps)

Film star John Travolta’s name was invoked by Judge James Kallaher Friday as he weighed whether to reopen the lawsuit to stop apartments from being built in alignment with an airport runway in Green Cove Springs.

Kallaher inherited the case from Judge Don Lester whose term ended in September. Reynolds Industrial Park and Pegasus Technologies, a CIA-linked aviation outfit, had sued the City of Green Cove Springs and the Virginia Hall family trying to stop construction of a 59-foot-high apartment complex on a hall property a half mile from the end of Pegasus’ runway.

Pegasus and Reynolds tried to argue that (among other things) Green Cove had failed to enact aiport zoning as required by Chapter 333 of state law. Lester refused to consider the argument, saying that 333 only applies to “public use” airports, not private aviation facilities such as Reynolds. Lester ruled in favor of the city and Hall family. Case closed—almost.

Filing a motion for rehearing, the plaintiffs asked Kallaher to reconsider the 333 part of Lester’s ruling. That was the context for Kallaher’s Travolta question. Travolta is a licensed pilot, owner of multiple aircraft and lives in a fly-in neighborhood north of Ocala called Jumbolair.

Kallaher asked Green Cove’s attorney Wayne Flowers, whether 333 would apply if Ocala or Marion county were considering a development in the path of the runway at Jumbolair?

“No, because it’s a private airport,” Flowers said. “That does not mean Mr. Travolta would not have remedies if the city acted improperly, or it affected the value of his property.”

The fact that Kallaher is a retired naval aviator may have given the Pegasus team hope that he would see the 333 issue differently than his predecessor, but not much hope.

Kallaher conceded a point made by lawyers for the city and Hall family that as a “successor” judge, he is precluded by legal predecent from modifying Lester’s final judgement in the case. The 333 question would probably have to be for a Florida appeals court to decide, Kallaher said.

Still, the Friday hearing was not a total waste of time for team Pegasus. It provided an opportunity for Pegasus and Reynolds lawyers to introduce new evidence that only became available after Lester had handed down his verdict.

In November, Clay County unveiled a draft of it’s own airport zoning regulations, created in response to the state mandate in Chapter 333, and guess what? The draft includes both public and private in the regulations, putting the county’s position at direct odds with that of Green Cove (even though the regs would not apply to Reynolds or the Hall property, which are both within city limits).

Barry Davidson, representing Reynolds Industrial Park, argued that it was relevant that an adjacent jurisdiction—Clay County—does not distinguish between public and private airports when it comes to public safety. The existence of the draft airport zoning, had been entered into the trial record and thus could be considered by a future appeals court.

The point man for the airport regulations is Commissioner Jim Renninger, who is also a retired naval aviator and happens to own an aircraft with Judge Kallaher and two other pilots, reminding us that Clay County is still a small town.

Attorneys Fees

Lawyers also briefly debated the issue of whether Pegasus and Reynolds, as the losing parties, should reimburse the defendants’ legal fees soon rather than after the outcome of any appeal. As you might expect, the city and Hall family want reimbursement as soon as possible. The amount in question is about a half-million dollars, according to one attorney.

Kallaher said he will issue his ruling as soon as possible, saying that whichever way he ruled on the motion for a rehearing, the matter would likely be appealed.

Which, of course, would mean more lawyers’ fees all around.