Spicewood Airport injunction in effect until October civil trial
The parties in a civil lawsuit that pits certain members of the Spicewood Airport Pilots Association against the association’s Board of Directors agreed to the terms of a temporary injunction order that will remain in effect until a jury trial set for Oct. 10-11.
Visiting Judge Robert Updegrove of San Marcos signed the order on June 21 in the 33rd District Court. District Judge Allan Garret recused himself from the case.
The order prohibits the board from electing or appointing new members, amending governing documents, or making decisions that affect the association’s membership, except those relating to safety.
“The terms we negotiated to don’t limit us,” said John Wissler, president of the Spicewood Airport Pilots Association and a defendant in the case. “We can do any of the projects we have anticipated. We will discuss projects in a duly noticed meeting, which is what we do anyway.”
The Spicewood Airport, 111 Piper Lane, is a privately owned public-use facility that allows pilots to land and fuel without prior permission. It is a nonprofit operated by a board of directors. Pilots either own their own hangars or lease them. About 134 aircraft are hangared at the airport, which sees an average of 50 takeoffs and landings a day.
The legal battle is over which of those owners/lessees are qualified to serve on the Board of Directors. Those qualifications are outlined in SAPA’s Covenants, Conditions, and Restrictions. The plaintiffs claim bylaws have been changed to redefine qualifications when the CC&R is the legally defining document. Bylaws take a back seat to what the nonprofit considers its “constitution.”
“The CC&Rs for the association are very clear,” said John Gladych, one of the two attorneys representing the plaintiffs. “It defines what it takes to be a member of the association. It’s very simple. The association is not following the CC&Rs.”
Wissler said the board expects to meet in the coming weeks, after proper notification has been posted, to discuss improvements to the north taxiway.
“It is our highest-priority project,” he said.
The temporary injunction allows board action on issues of airport safety.
“All parties agreed on how to operate,” Wissler said. “I anticipate that SAPA is going to follow the law. We are going to be mindful of safety and operations at the airport. It will be business as usual.”
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.