Sun, Sep 04, 2011
But Defending Against JCM Litigation Has Closed Some Down
Hot air balloonists in California have achieved what may be a
hollow victory over JCM Farming, Inc. of Solana Beach. The
corporation constructed a fortified compound and erected signs
warning of guard dogs and armed response to trespassers on land
zoned for agricultural use.
In an apparent effort to impose its own restrictions on the use
of airspace above its facility, the company filed lawsuits against
hot air balloon ride providers it said were flying too low over the
facility, which it described in part as "intended to provide a
secure meeting place and retreat for VIPs, dignitary and other
notable individuals and/or the companies they represent." The FAA
twice investigated complaints, and found the balloonists were
operating within the regs. Finally, after more than two years, on
August 15th, the suits were dropped.
But the Desert Sun reports it's too late for many of the
defendants, whose businesses were essentially destroyed. One
balloonist claims he spent $177,000 in attorney's fees. Even the
FAA was added to the lawsuit by JCM, after it declared there were
no violations of its rules.
Development Management Group of Palm Desert conducted a study
which found that the overall economy of the Coachella Valley lost
almost 95 percent of the balloon industry's $9.7 million annual
contribution between its peak in the 2005-2006 season and this
year, only about a third of which could be blamed on the
recession.
It may be possible for the former defendants to sue JCM for
damages caused to their businesses, but it's not clear any of the
balloonists will open that door to more unknown legal costs.
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