Post Tagged with: "Skydive Myrtle Beach"

Judge Orders Discovery in Skydive Myrtle Beach Owner Lawsuit

November 19, 2017 4:19 AM
Judge Orders Discovery in Skydive Myrtle Beach Owner Lawsuit

A federal magistrate judge has ordered discovery to go forward in a lawsuit brought by Aaron Holly against Horry County, Horry County Department of Airports (HCDA), the Federal Aviation Administration (FAA) and Robinson Aviation, the operator of the control tower at Grand Strand Airport.

Holly claims conspiracy among the defendants to deprive him of his Constitutional rights with respect to 14th Amendment protections and for interference with his business, Skydive Myrtle Beach (SDMB), and contractual ties between SDMB and HCDA in order to illegally shutdown SDMB.

A short historical perspective on the relationship between Horry County Department of Airports and Skydive Myrtle Beach follows:

Skydive Myrtle Beach is a tandem skydiving business owned and operated by armed services veterans.

It began operating its business in Horry County in 2012 after signing an eight year lease with Ramp 66, the county’s general aviation operator of Grand Strand Airport at that time.

After Horry County government bought out Ramp 66 in 2013, it appears that concentrated efforts were made by HCDA to close down the operations of Skydive Myrtle Beach.

Tandem skydiving is a recognized and approved use of publicly supported airport facilities by the Federal Aviation Administration.

It is illegal for an airport that accepts publicly funded grants to discriminate against one type of approved aviation activity, say helicopter operations, over another – tandem skydiving.

The only excuse allowed by the FAA for shutting down approved aviation operations is that those operations contribute to an unsafe environment at the airport.

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No Safety Violations Proven Against Skydive Myrtle Beach

August 29, 2017 9:11 AM
No Safety Violations Proven Against Skydive Myrtle Beach

It is now apparent that Skydive Myrtle Beach was shut down from operating at Grand Strand Airport on the basis of safety allegations that were never investigated, much less proved.

For whatever reason, county officials (council members, staff or some combination thereof) decided they wanted to shut down Skydive Myrtle Beach (SDMB). The only way they could do that and not violate Federal Aviation Administration (FAA) Grant Assurances was to claim safety violations.

And this they did, sort of.

Horry County Department of Airports (HCDA) staff and Robinson Aviation employees, who were contracted with HCDA to operate the Grand Strand Airport control tower, created 112 “Unusual Incident Reports” (UIR) of SDMB alleged safety violations over a nearly two year period.

HCDP sent these UIR’s to the Federal Aviation Administration as documentation of safety violations. According to responses to FOIA requests by both Horry County and the FAA, none of these alleged incidents was ever investigated by HCDA and only one, number 86 on the compilation record, was investigated by the FAA.

Horry County Attorney Arrigo Carotti responses to two FOIA requests: 

“These records are provided in an abundance of caution, in that each may or may not demonstrate violation by Skydive Myrtle Beach of Horry County Department of Airports Minimum Standards, as that assessment has not been undertaken.” 

And

“Enforcement was held in abeyance due to pending litigation.” 

No investigation of any of the incidents was ever conducted by HCDA or other Horry County agencies.

The FAA found NO VIOLATION in the case of number 86, which occurred on May 31, 2015.

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Another Twist in the Skydive Myrtle Beach Controversy

August 19, 2017 12:30 PM
Another Twist in the Skydive Myrtle Beach Controversy

Another interesting twist has appeared related to the Skydive Myrtle Beach controversy with Horry County over the county’s closing of the Skydive Myrtle Beach business.

Nearly two years ago, the county used a Director’s Determination by the Federal Aviation Administration to close the landing zone for skydivers at Grand Strand Airport and evict Skydive Myrtle Beach from a hangar at that airport.

The Director’s Determination was based on 112 alleged safety violations committed by Skydive Myrtle Beach, which were documented and reported by Horry County Department of Airports personnel and/or Robinson Aviation personnel who are contracted by the county to staff the control tower at Grand Strand Airport.

In a recent post about the ongoing controversy, we quoted a letter by Horry County Attorney Arrigo Carotti that backed away from calling the documents proof of safety violations by SDMB.

Carotti’s letter, which was included with a response to a FOIA request for documents related to SDMB safety violations, stated, in part, the documents provided “may or may not demonstrate violation by Skydive Myrtle Beach of Horry County Department of Airports Minimum Standards, as that assessment has not been undertaken.”

Several days after the story was posted, the following was contained in an email to at least one county council member:

“On Aug 15, 2017, at 11:24 AM, Carotti, Arrigo wrote:

The misrepresentation of facts and the law has been ongoing on the part of Mr. Holly, misguided bloggers, and Holly surrogates for several years now, involving universally unsuccessful litigation by Holly, and pending litigation against the FAA, the State of South Carolina, Horry County, officials and employees. There have been no new admissions, the FAA’s and County’s sound positions in the matter remaining the same. 

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Horry County Reverses Story on Skydive Myrtle Beach Alleged Violations

August 12, 2017 4:56 AM
Horry County Reverses Story on Skydive Myrtle Beach Alleged Violations

Nearly two years after evicting Skydive Myrtle Beach from Grand Strand Airport for, allegedly, committing numerous safety violations, Horry County now won’t claim the skydiving business committed any violations.

In a cover letter providing 126 documents responding to a Freedom of Information Act request for all public documents associated with Skydive Myrtle Beach safety violations, Horry County Attorney Arrigo Carotti stated in part, “These records are provided in an abundance of caution, in that each may or may not demonstrate violation by Skydive Myrtle Beach of Horry County Department of Airports Minimum Standards, as that assessment has not been undertaken.” (See full letter below)

What is astounding about that statement is that two years ago the exact same documents were provided to both the Federal Aviation Administration and S.C. Fifteenth Circuit Court as proof of safety violations by Skydive Myrtle Beach.

In 2014, Skydive Myrtle Beach lodged a complaint with the Federal Aviation Administration against Horry County Department of Airports alleging discriminatory actions against Skydive Myrtle Beach by HCDA.

In response, Horry County Department of Airports reported to the Federal Aviation Administration that Skydive Myrtle Beach was the subject of 112 alleged safety violations (contained in the 126 pages of documents) while conducting business at Grand Strand Airport.

On October 7, 2015, the FAA issued a Director’s Determination Report, authored by Randall Fiertz, the FAA Director of Airport Compliance and Management Analysis, in response to Holly’s original complaint, supposedly basing the report on those safety violations.

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U.S. Attorney Enters Skydive Myrtle Beach Lawsuit

July 31, 2017 2:14 PM
U.S. Attorney Enters Skydive Myrtle Beach Lawsuit

The U.S. Attorney for the South Carolina District has notified the Florence Federal District Court that she will be representing the individual federal defendants in a federal tort claims lawsuit brought by Skydive Myrtle Beach Inc.

The notification is included in a motion, signed by Interim U.S. Attorney for S.C. Beth Drake, to the court requesting an extension in filing a response just as time for a response was running out.

Skydive Myrtle Beach named Horry County, Horry County Council, the Federal Aviation Administration and a number of officials with all agencies individually as defendants.

The lawsuit claims Skydive Myrtle Beach was illegally closed when Horry County Council and its Department of Airports worked with the FAA to deprive Skydive Myrtle Beach of its constitutional right to due process and equal protection under the Fourteenth Amendment of the U.S. Constitution.

In 2014, Skydive Myrtle Beach lodged a complaint with the Federal Aviation Administration against Horry County Department of Airports alleging discriminatory actions against Skydive Myrtle Beach by HCDA.

In response, Horry County Department of Airports reported to the Federal Aviation Administration that Skydive Myrtle Beach was the subject of 112 alleged safety violations while conducting business at Grand Strand Airport.

In October 2015, the FAA issued a 73 page Director’s Determination Report supposedly basing the report on those safety violations. Horry County subsequently used this report as an excuse to shut down Skydive Myrtle Beach operations at Grand Strand Airport.

Skydiving is an approved aviation activity at all airports receiving FAA grants, according to FAA guidelines. Grand Strand Airport and the Horry County Department of Airports receive FAA grants on a routine basis.

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SkyDive Myrtle Beach v. Horry County in Court This Month

November 1, 2016 7:25 AM
SkyDive Myrtle Beach v. Horry County in Court This Month

Skydive Myrtle Beach and Horry County are scheduled to face off in S.C. Court of Appeals November 3, 2016 for oral arguments in the case of Skydive Myrtle Beach v. Horry County (2014-002491).

The basic question in this lawsuit is whether Horry County acted fraudulently in stopping Skydive Myrtle Beach from operating its business at Grand Strand Airport.

A separate court ruling from a federal Administrative Law Judge is expected to be issued on or before November 18, 2016 addressing the actions of the Federal Aviation Administration in issuing a 73 page ruling against Skydive Myrtle Beach on the basis of very sketchy information provided by Horry County Department of Airports.

The case built by Horry County Department of Airports to evict Skydive Myrtle Beach from Grand Strand Airport has more holes than Swiss cheese.

After Skydive Myrtle Beach reported HCDA to the Federal Aviation Administration in February 2014 for discriminatory actions, Horry County officials began looking to cover their tracks.

HCDA began an incident reporting system that logged 112 alleged safety violations by Skydive Myrtle Beach over the next few months.

None of the 112 alleged safety incidents HCDA insists Skydive Myrtle Beach committed were ever properly reported to the FAA, according to FAA reporting requirements.

A recent Freedom of Information Act response from the FAA to SkyDive Myrtle Beach officials goes further. It says there are no records of the alleged safety violations in the FAA reporting system.

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Council to Hear SkyDive Myrtle Beach Officials

July 5, 2016 4:36 AM
Council to Hear SkyDive Myrtle Beach Officials

SkyDive Myrtle Beach officials will address Horry County Council next week in an attempt to make members aware of the many inconsistencies in Horry County Department of Airports claims that were used as an excuse to close down that business at Grand Strand Airport.

The case for closure of SkyDive Myrtle Beach by Horry County is built around 112 alleged safety violations by the business, none of which are safety violations or violations of any other kind, according to FAA regulations.

Nevertheless, Horry County officials made what appear to be false claims to the FAA and the FAA, relying on the integrity of Horry County officials went along with the farce.

A preview of the address was sent to members of council and other Horry County officials by SkyDive Myrtle Beach last week.

Two statements at the beginning of the address tell the story:

“The County has attempted to style complaints in email only to the FAA, in order to have the FAA believe that something very dangerous is occurring at CRE.” (CRE is the FAA designation for Grand Strand Airport.)

And

“Not one FAA official has actually examined this process and the Director’s Decision was erroneously written, relying on the fact that the County was acting in good faith and being truthful, which they have never done in this case. You continually deny my due process with the Department of Airports, by denying my hearing before the Department, which is mandated in the County’s illegal Minimum Standards.”

In other words, the county is up to its old tricks of assuming ‘the law doesn’t apply in Horry County or, if it does, interpreting the law any way the county desires to justify its actions.’

The county depends on its deep pool of taxpayer dollars as a reserve to defend lawsuits brought by those same taxpayers attempting to seek justice.

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More Questions About Skydive Myrtle Beach Case

March 19, 2016 7:23 PM
More Questions About Skydive Myrtle Beach Case

The more we look at the case built by Horry County Department of Airports against Skydive Myrtle Beach, the more holes appear.

After Skydive Myrtle Beach reported HCDA to the Federal Aviation Administration in 2014 for discriminatory actions, HCDA began reporting alleged safety incidents by Skydive Myrtle Beach operations to the FAA. A total of 112 of these alleged violations occurred, according to HCDA.

Skydive Myrtle Beach also filed suit in circuit court against Horry County and HCDA for their actions.

None of the 112 alleged safety incidents HCDA insists Skydive Myrtle Beach committed were ever properly reported to the FAA, according to FAA reporting requirements.

The FAA has a reporting system for tower operations regarding safety violations. It is known as the Comprehensive Electronic Data Analysis and Reporting (CEDAR) system. Instructions for reporting in the CEDAR System are required if any of the below three questions apply:

“The basic considerations when deciding whether or not to report an incident should be:

Did a dangerous situation occur?
Could a dangerous incident have occurred if circumstances had been different?
Could a dangerous incident occur in the future if the situation being reported is not corrected?”
A total of 112 safety violations were allegedly catalogued by HCDA and Robinson Aviation, the county’s contractor for tower operations at Grand Strand Airport. Yet, not one of these alleged violations were ever reported to the CEDAR System.

If Skydive Myrtle Beach was operating at Grand Strand Airport in such a grossly unsafe manner as HCDA categorized to the press, why is there no record of this in the CEDAR System?

The FAA apparently went along with this fictitious plan. Even though none of the alleged violations were in the database of its CEDAR System, the FAA issued a 73 page report on these violations that HCDA used as its basis for evicting Skydive Myrtle Beach.

How did the FAA issued a 73 page report on these alleged safety incidents when none were included in its CEDAR System database?

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FOIA Documents Don’t Support Allegations Against Skydive Myrtle Beach

March 12, 2016 6:16 AM
FOIA Documents Don’t Support Allegations Against Skydive Myrtle Beach

After reviewing the 215 documents the Federal Aviation Administration sent to Skydive Myrtle Beach responding to a FOIA request for all documentation related to the alleged 112 safety violations committed by that company at Grand Strand Airport, the conclusion must be drawn that there were no documented safety violations.

The heart of the documents dealing with these alleged violations are a series of “Unusual Incident Reports” generated by Horry County Department of Airports personnel or contractors claiming Skydive Myrtle Beach clients landed in areas other than the designated landing zone. I did not see one report that listed any injuries, accidents or damage to property.

A typical comment on these so-called incident reports said, “At 0922 Local, 3 parachutists jumping with Skydive Myrtle Beach landed outside the landing zone…Skydive Myrtle Beach received permission from CRE tower to retrieve wayward jumpers.”

This is not a safety violation. It is not a violation at all!

Below is the pertinent FAA Advisory Circular dealing with parachute landings on airports.

“Advisory Circular – Subject: Sport Parachuting, Date 5/8/2011, AC No. 105-2D

Below is Section 6(c)2 of the advisory circular:

“(2) Parachute Landings on Airports. Airports may designate suitable parachute landing areas. While skydivers attempt to land in such areas, at times there may be inadvertent landings in other grass or hard-surfaced areas. This could include landings on runways, taxiways, and other hard-surfaced areas. Areas such as runways, taxiways, clearways, and obstacle-free zones are not prohibited areas but should not be designated as a primary landing area and should be vacated as soon as practical. Flying a parachute over runways at low altitudes should be avoided where possible. The FAA recommends that airport management work with parachute operators to develop standard operating procedures (SOP) for activities conducted by parachutists.”

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Horry County Council Looking at Deficits

March 10, 2016 6:15 AM
Horry County Council Looking at Deficits

Horry County Council is taking a close look this week at projected deficits in the Horry County Solid Waste Authority and Horry County Department of Airports.

The HCSWA board heard of a revised projected deficit of nearly $600,000 for the coming fiscal year earlier this week.

The deficit comes mainly from higher costs, including personnel pay and benefits and increased construction cost projections for the authority’s landfill expansion.

However, the recycling agreement with Charleston County also continues to operate in the red.

The airport deficits all come on the general aviation side of operations, according to a report by HCDA to the Horry County Transportation Committee earlier in the week.

According to HCDA statistics, Grand Strand Airport is losing approximately $304,000, Conway Airport approximately $200,000 and Loris Airport approximately $100,000. The only thing keeping the fixed base operations at Myrtle Beach International profitable are fuel sales to military aircraft using the facilities.

The above number for Grand Strand Airport does not include approximately $165,000 spent in legal fees during the current fiscal year for the ongoing lawsuit with Skydive Myrtle Beach.

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