Spicewood Airport civil suit hearing moved to June 21
The Spicewood Airport, 111 Piper Lane, is a privately owned public-use airport. Aviators may land and fuel without prior permission. The airport has around 134 aircraft hangared on site and sees an average of 50 takeoffs and landings a day. Staff photo by Suzanne Freeman
A temporary injunction hearing in a civil suit to stop the appointment of any new members to the Spicewood Airport Pilots Association Board of Directors was moved to June 21 from May 30 in the 33rd Judicial District Court in Burnet.
The suit was filed by several member-owners (the plaintiffs) against the association’s entire board (the defendants).
Both sides came together to ask visiting Judge Robert Updegrove to move the hearing so new defense attorney Chris Raney of Gordon & Rees of Austin could study the case file. District Judge Allan Garrett recused himself, and Updegrove, who is from San Marcos, was appointed in his stead.
The two parties also agreed to extend a temporary restraining order issued May 18, which was due to expire on May 30. The TRO canceled an annual electronic vote set for May 20 and prohibited the appointment of any new members to the association board, said John Wissler, a defendant in Lawrence R. Ffrench Jr. et al. v. Daniel Black et al. The TRO will stand while the case is in court.
The Spicewood Airport, located at 111 Piper Lane, is a privately owned public-use airport where aviators may land and fuel without prior permission. It has a 4,185-foot runway and multiple taxiways and is incorporated as a nonprofit. The airport has around 134 hangared aircraft and sees an average of 50 takeoffs and landings a day.
Problems between the airport’s member-owners and the association board began in 2018 when the board amended bylaws redefining the definition of association members and which of those can serve on the board. The Spicewood Airport Pilots Association’s Covenants, Conditions, and Restrictions, its “constitution,” clarifies between Class A members, who own lots at the airport, and Class B members, who are granted easements to use the taxiways and/or runways or who rent property. The CC&R allows only one Class B member on the board.
New bylaws approved by the 2018-19 board allowed Class A voting status to Class B members as well as more Class B members on the board, contradicting rules set out in the CC&R.
A new board in 2021-22 discovered the conflict and hired an attorney to evaluate the situation. Legal counsel agreed that the 2018-19 decision was void because of the conflict, plaintiffs laid out in their argument. When the bylaws and CC&R conflict, CC&R always wins, the lawyers said.
Despite that finding, the 2022-23 board filled a vacant seat with a Class B member not eligible to serve on the SAPA board, plaintiffs continued.
The new board member objected to a plan in place with Pedernales Electric Cooperative to move an overhanging power line underground at SAPA expense, part of which was already paid. The new member canceled the order and had the payment refunded.
Two additional people who did not meet the CC&R criteria were appointed soon after and one was placed on a board committee.
Plaintiffs state that after two other members resigned from the board, the Spicewood Airport Pilots Association discontinued holding regular meetings for 10 months and denied a request from a member-owner in October 2022 for its corporate records. According to regulations, records requests should be met within five days of the ask.
The TRO issued by Judge Updegrove forbids any further alterations or amendments to any SAPA corporate documents while the lawsuit is still in the courts and that defendants must immediately produce all corporate books and records since Jan. 1, 2017.
“The board is fully in alignment with the courts, and we are following its orders,” defendant Wissler told DailyTrib.com. “We are taking it seriously and following the letter of the law.”
Plaintiffs’ attorney Keith Hopkinson of Austin did not respond by press deadline to an email or phone call from DailyTrib.com.
Plaintiffs in the case are Lawrence R. Ffrench Jr. for Double F Hangar Operations LLC, Triple F Hangar Operations LLC; James T. Nelson for Quad F. Hangar Operations LLC; and J. Richard Dial individually and on behalf of the Spicewood Airport Pilots Association.
Defendants are Daniel Black, Patricia Gerino, Leslie Patridge, Wesley Perkins, Richard Schaefer, John Wissler, and Zachery Wright individually and collectively as the Board of Directors for the Spicewood Airport Pilots Association.