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http://www.jacksonville.com/tu-online/stories/121706/met_6806110.shtml
December 17, 2006
Judge lets aviation ordinance fly
He denies an appeal from an Arlington man whose hobby is planes.
By BETH KORMANIK, The Times-Union
Local aviation enthusiasts received bad news when a Duval County judge upheld a city ordinance that bans anyone from tinkering on airplanes and airboats at their homes and requires the craft to be stored in enclosed garages.
The ordinance, passed this summer, targeted Brian Kraut of Arlington, whose neighbors complained when he worked on his Midget Mustang airplane.
City Councilman Lake Ray sponsored the bill.
Kraut, who had successfully fought past citations related to his hobby, challenged the law as unconstitutional.
Judge John Moran didn't agree. He sided with Assistant General Counsel Jason Teal, who argued the case for the city.
While Kraut and other aircraft enthusiasts "may disagree with the city's decision to regulate aircraft on residential property, that does not mean that the decision was arbitrary and capricious," Moran said in the ruling. He said "cities have the right to zone based on aesthetic (or noise) considerations."
Jeffrey Ludwig, Kraut's attorney, said he planned to file a motion asking for clarification. He said the judge didn't clarify how working on an airplane is different from common hobbies such as working on a car in a garage.
"This is one more indication of just how unfriendly City Council has become to aviation and aviation interests in Jacksonville," he said.
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December 17, 2006
Judge lets aviation ordinance fly
He denies an appeal from an Arlington man whose hobby is planes.
By BETH KORMANIK, The Times-Union
Local aviation enthusiasts received bad news when a Duval County judge upheld a city ordinance that bans anyone from tinkering on airplanes and airboats at their homes and requires the craft to be stored in enclosed garages.
The ordinance, passed this summer, targeted Brian Kraut of Arlington, whose neighbors complained when he worked on his Midget Mustang airplane.
City Councilman Lake Ray sponsored the bill.
Kraut, who had successfully fought past citations related to his hobby, challenged the law as unconstitutional.
Judge John Moran didn't agree. He sided with Assistant General Counsel Jason Teal, who argued the case for the city.
While Kraut and other aircraft enthusiasts "may disagree with the city's decision to regulate aircraft on residential property, that does not mean that the decision was arbitrary and capricious," Moran said in the ruling. He said "cities have the right to zone based on aesthetic (or noise) considerations."
Jeffrey Ludwig, Kraut's attorney, said he planned to file a motion asking for clarification. He said the judge didn't clarify how working on an airplane is different from common hobbies such as working on a car in a garage.
"This is one more indication of just how unfriendly City Council has become to aviation and aviation interests in Jacksonville," he said.
--------------------------------------------------------------------------------
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.5.432 / Virus Database: 268.15.22/590 - Release Date: 12/16/2006 5:39 PM
