OGDEN – The lead litigant in a collection of civil lawsuits towards Ogden airport has had his safety badge entry restored, however he continues to press prices about it to make sure safety from additional “focused and vindictive” motion. ” towards him.
Douglas Durbano filed a lawsuit in November towards Ogden Metropolis, Ogden-Hinckley Airport and metropolis officers, accusing town of deactivating his entry badge in retaliation for his authorized actions over town’s modified insurance policies. metropolis governing hangar leases.
Durbano mentioned the cancellation of his badge disadvantaged him of entry to his BSJ Journey hangar and varied different actions on the airport. Durbano, a lawyer, has been concerned in no less than three lawsuits towards town, one representing greater than 70 shed tenants who accused town of illegally taking their property by not renewing long-term leases.
Town says its new insurance policies are aimed toward demolishing some decades-old hangars to make method for initiatives wanted to enhance the airport’s fiscal viability. Two of the lawsuits have been dismissed, however they’re on enchantment to the tenth US Circuit Court docket of Appeals in Denver.
Town, in response to the most recent lawsuit in U.S. District Court docket in Salt Lake Metropolis, mentioned entry to the Durbano badge was restored after a long-scheduled November 18 hangar inspection. An out of doors lawyer representing town, Stephen Noel, then filed a doc. asking the courtroom to declare Durbano’s request for an emergency injunction to cement badge entry moot.
Airport and metropolis officers and Noel declined to debate specifics of the lawsuits as litigation is ongoing.
In one other courtroom submitting on Thursday, Durbano mentioned that though his badge has been restored, he stays “weak to potential whims and inappropriate coercive habits by defendants of their efforts to harass him.” Badge actions towards lease litigants “seem focused and vindictive,” he mentioned.
The submitting alleged that metropolis officers “constantly and improperly used the issuance and renewal of safety badges to penalize, coerce, or retaliate towards its landlords for issues unrelated to safety. The defendants have ulterior motives aimed toward coercing different behaviors not related to airport safety.
Consequently, Durbano renewed its request for a courtroom order guaranteeing entry to its badge. “It’s crucial that (Durbano) is ready to handle its illustration of shoppers and authorized circumstances towards defendants with out a chilling impact or menace of retaliation” on the airport, in accordance with its submitting.
Airport officers mentioned they handle safety and entry to airport grounds in accordance with Transportation Safety Administration necessities. The protocols stay in place despite the fact that industrial passenger service was suspended this summer time by the 2 earlier carriers, Allegiant Airways and Avelo.
Consequently, Noel mentioned in a submitting on Friday, “It will be tough to just accept such a proposal (a badge assure) below the circumstances of airport administration and given sure federal airport administration tips.”
Noel mentioned a Durbano co-lawyer mentioned in an electronic mail after the badge renewal that Durbano “can be keen to withdraw the movement” for a badge assure if town paid its lawyer charges. Town refused to pay Durbano’s charge, and Noel added that the request confirmed that with the badge in hand, “the one factor (Durbano) was not involved with the cash”.
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