As of January 10, 2007, the City Attorney for the City of San Diego amended their lawsuit against Sunroad Enterprises to add the Aircraft Owners and Pilots Association (AOPA) and Community Airfields Association of San Diego (CAASD) as real parties of interest. (Editor?s Note: CALPILOTS has also been asked to join and will do so). Sunroad Enterprises has constructed a 12-story office tower within one mile of Montgomery Field and exceeded the FAR Part 77 imaginary surface by 20 feet, penetrating into the protected airspace for both VFR and IFR flight operations at Montgomery Field. The FAA declared the building a hazard to air navigation. Caltrans Division of Aeronautics informed Sunroad Enterprises that without complying with California law that they must assume all liability for any aviation accident involving their building.
The amended complaint states: CAASD and its members are indispensable parties to this action because the [lawsuit] will substantially affect the interests of CAASD and its members. Any judgment … would, therefore, have the potential to substantially impair or impede both the rights of CAASD and the ability of CAASD to protect the interests of its members to ensure the safety and long term viability of Montgomery Field.”
Our web site http://www.sdairfields.org has been updated to include a large compilation of documents related to the lawsuit.Click on the Sunroad Lawsuit page and look over the timeline and archive section. If you have any additional information or pictures, please let us know. We welcome web talent to maintain this collection, so please let us know.
CAASD member Gerald Blank represents us in this action and has been working closely with the City Attorney’s office.
From my conversations with the City Attorney’s office, the City Land Use and Economic Development Division, Caltrans Division of Aeronautics, the FAA, AOPA, and other pilot associations and other airport land use groups, this case of constructing a hazard to air navigation and then claiming that it really does not affect safety has become a real test of whether we can protect airspace from encroachment or not.
Rick Beach, President
Community Airfields Association of San Diego
Montgomery Field (KMYF) and Brown Field (KSDM), San Diego, CA