Suit Says Conglomerate’s Unit Flouts Aircraft Fueling
Restrictions
A lawsuit filed Wednesday in Los Angeles County Superior Court
alleges Castle & Cooke Aviation Services, Inc. has been
unlawfully operating and marketing itself as a Fixed Based Operator
(FBO) at Van Nuys Airport, flouting rules restricting its authority
to fuel aircraft.
The complaint, filed on behalf of Maguire Aviation, Inc. the
largest of four companies authorized to operate at Van Nuys Airport
as an FBO, notes that Castle & Cooke Aviation, part of a real
estate conglomerate, is “misleading the public and/or the
general aviation community” by holding itself out via Web
sites and aviation trade publications as an FBO at Van Nuys when
the company isn’t authorized to do so.
The lawsuit underscores concerns expressed in a letter sent July
1, 2009, to Castle & Cooke by Los Angeles World Airports
officials after they discovered the company was holding itself out
as an FBO at Van Nuys, the world’s busiest general aviation
airport. The letter, sent by LAWA Deputy Executive Director Debbie
L. Bowers and cited in the complaint, orders Castle & Cooke to
immediately stop referring to itself as an FBO at Van Nuys and to
limit its operations to what is authorized under the master lease
for its parcels.
Rules authorizing FBOs to provide aircraft services are aimed at
mitigating environmental impacts on neighbors, ensuring aircraft
safety and promoting the economic health of airport businesses.
According to the lawsuit, because Castle & Cooke doesn’t
meet the minimum standards for FBOs it cannot fuel transient
aircraft based elsewhere as well as jets that don’t use its
hangar space. Instead, the complaint states, Castle & Cooke
should limit its operations to “self-fueling” of its
own aircraft and aircraft housed at its own facilities.
But, according to the lawsuit, evidence shows that Castle &
Cooke has been purchasing and selling substantially more fuel than
it would need if it were just self fueling. Castle & Cooke
delivered 10% of the 23.4 million gallons of fuel sold at Van Nuys
Airport in 2007, 12% of the 19.3 million gallons sold in 2008 and
10% of the 3.4 million gallons sold in the first quarter of this
year, the lawsuit states.
Among the things LAWA’s Bowers specifically asked of
Castle & Cook in July was to remove references on its Web site
suggesting it is an FBO at Van Nuys Airport, to stop marketing
itself as one of the airport’s FBO facilities and to take
reasonable measures to make sure it is not referred to in the media
as an FBO at the airport.
Van Nuys Sectional
Said Robert F. Maguire III, chairman of Maguire Aviation:
“These rules are in place to protect the environment, ensure
aircraft safety and to benefit the financial health of businesses
that make a living at the airport. We regret we had to take this
action, but felt it was necessary to stop these abuses. The
legitimate FBOs at Van Nuys have suffered because Castle &
Cooke has subverted the rules, illegally siphoning off revenues
from all of us and demanding favorable treatment for years. We
support the current LAWA administration in its efforts to finally
hold Castle & Cooke accountable.”
Mr. Maguire noted that Castle & Cooke is now attempting to
become a legitimate FBO by circumnavigating LAWA leasing policies
and minimum standards. He added that the tactics mirror a similar
Castle & Cooke effort in 2004. “This is absolutely
unconscionable and represents a sweetheart public giveaway to
Castle & Cooke,” Mr. Maguire said.