Post Tagged with: "US Fourth Circuit Court of Appeals"

Fourth Circuit to Hear Oral Arguments in Skydive Myrtle Beach Appeal

February 18, 2018 6:00 AM
Fourth Circuit to Hear Oral Arguments in Skydive Myrtle Beach Appeal

A complaint brought by Skydive Myrtle Beach against Horry County Department of Airports has been tentatively scheduled for oral arguments before the U.S. Fourth Circuit Court of Appeals in Richmond, VA May 8-10, 2018.

See extract of official electronic notification here:

A quick recap of the case:

In early 2014, shortly after Skydive Myrtle Beach (SDMB) reported to the FAA of discriminatory actions against it by the Horry County Department of Airports (HCDA), HCDA and other Horry County officials apparently decided they wanted to eliminate SDMB from operating in Horry County.

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, as HCDA does annually, to discriminate against one type of approved aviation activity, say helicopter operations, over another – tandem skydiving.

In 2014, HCDA began circulating stories about alleged safety violations committed by SDMB while it was operating out of Grand Strand Airport.

In October 2015, Horry County government ultimately evicted SDMB from Grand Strand Airport using a 73 page FAA Director’s Determination as justification. It is the findings in the FAA Director’s Determination that is on appeal before the Fourth Circuit.

Much of the Director’s Determination report was based on 112 safety violations allegedly committed by SDMB and quite unofficially and sloppily documented by HCDA and its tower operator at Grand Strand Airport, Robinson Aviation.

On at least three occasions since the Director’s Determination was published, the FAA has admitted in email correspondence regarding Freedom of Information Act requests that it has no documentation with respect to investigations, fines or other actions taken by HCDA on the alleged 112 violations.

Likewise, Horry County Attorney Arrigo Carotti wrote in an email response to FOIA requests seeking information on the 112 alleged violations that, “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.”

Read more ›