Recent News:
July 12, 2017. Runway Construction and Legal Update
June 23, 2017
We Prevailed! Feel free to download a copy of this letter to your smartphone/tablet so you can answer questions from other property owners at 52F!
We Prevailed! Feel free to download a copy of this letter to your smartphone/tablet so you can answer questions from other property owners at 52F!
June 14, 2017
New Runway Plans Now Online: https://drive.google.com/open?id=0B_8DgKzT_eudMktqVk5acUpMdDg
New Runway Plans Now Online: https://drive.google.com/open?id=0B_8DgKzT_eudMktqVk5acUpMdDg
June 2, 2017
On Thursday, June 1, 2017, the Denton County 16th District Court heard oral arguments from both parties regarding the POA’s motion for summary judgment. Judge Shipman denied all of Mr. Hyde’s motions, including a motion for continuance, a motion to re-open discovery, and a motion to reconsider his previous motion to abate the proceedings. We expect that Judge Shipman will issue her decision within a week or two.
On Thursday, June 1, 2017, the Denton County 16th District Court heard oral arguments from both parties regarding the POA’s motion for summary judgment. Judge Shipman denied all of Mr. Hyde’s motions, including a motion for continuance, a motion to re-open discovery, and a motion to reconsider his previous motion to abate the proceedings. We expect that Judge Shipman will issue her decision within a week or two.
May 18, 2017
Construction on the new runway at 52F begins in (75) days on August 1st (a Tuesday). This gives property owners ample time to relocate their plane if they wish, or attend Oshkosh and return before the runway is closed. This work will take place during some of the hottest days of the year, when flying is historically at a minimum. More info to follow.
Construction on the new runway at 52F begins in (75) days on August 1st (a Tuesday). This gives property owners ample time to relocate their plane if they wish, or attend Oshkosh and return before the runway is closed. This work will take place during some of the hottest days of the year, when flying is historically at a minimum. More info to follow.
May 5, 2017
Runway Construction Update: The pre-bid meeting for runway construction will be next week. We will have a choice of construction dates based on the bids we receive. After choosing the contractor and with a construction start date, we will notify the property owners. If you have a preference for a time period for closing the runway, please let us know.
Legal Update: Hyde’s counsel apparently realized they were ill prepared to provide a credible defense. Having a visiting judge just gave them the opportunity to kick the can down the road one more time. In the meantime, we will add further historical context to our case and make it even stronger. Look for a new presentation on our website shortly.
May 4, 2017
Hearing Rescheduled for 6/1 (postponed due to objection to visiting judge). More info to follow...
Motion for Summary Judgment.
Your POA would kindly appreciate your attendance at 10:00 a.m. at the 16th District Court located at 1450 East McKinney Street, Denton, TX 76209-4524. (map).
Runway Construction Update: The pre-bid meeting for runway construction will be next week. We will have a choice of construction dates based on the bids we receive. After choosing the contractor and with a construction start date, we will notify the property owners. If you have a preference for a time period for closing the runway, please let us know.
Legal Update: Hyde’s counsel apparently realized they were ill prepared to provide a credible defense. Having a visiting judge just gave them the opportunity to kick the can down the road one more time. In the meantime, we will add further historical context to our case and make it even stronger. Look for a new presentation on our website shortly.
May 4, 2017
Hearing Rescheduled for 6/1 (postponed due to objection to visiting judge). More info to follow...
Motion for Summary Judgment.
Your POA would kindly appreciate your attendance at 10:00 a.m. at the 16th District Court located at 1450 East McKinney Street, Denton, TX 76209-4524. (map).
April 12, 2017: Legal Update
Many property owners have received an email from Glen Hyde containing his response to our Motion for Summary Judgment. To prevent a default judgment against him, Mr. Hyde had to respond with his objections to the issues we raised. We anticipated his responses and we are fully prepared to counter them. Mr. Hyde will receive the POA’s response no later than seven days before the hearing on May 5, 2017.
Mitchell R. Whatley
President
NWRA POA
Many property owners have received an email from Glen Hyde containing his response to our Motion for Summary Judgment. To prevent a default judgment against him, Mr. Hyde had to respond with his objections to the issues we raised. We anticipated his responses and we are fully prepared to counter them. Mr. Hyde will receive the POA’s response no later than seven days before the hearing on May 5, 2017.
Mitchell R. Whatley
President
NWRA POA
April 7, 2017: Ask the POA: Episode #1...answers to questions asked by 52F property owners. In this installment you will find answers to the following:
1. When will the runway be closed?
2. What is a tort?
3. What is a motion for summary judgment?
4. How does the collection agency deal with people who don’t pay their assessment?
5. Why will we have a displaced threshold?
Read the answers (link also added in the 'Documents' section above.
April 4, 2017: Legal Update
(email from Mitch Whatley)
All,
After nine hours of mediation on Monday, April 3, 2017, we walked out with a proposed Mediation Agreement (MA) that I would not sign until I had a chance to sleep on it. We had until noon to get it back to the mediator. After much discussion and with the guidance of our attorney, Jeff Springer, I decided that signing the MA was in the POA’s best interests.
In the MA, the POA and Hyde agreed to drop all tort claims and relinquish the right to pursue any tort claims against each other for past events. This allows the judge to focus on the core issues and the core issues only:
1. Was the delegation of authority from the ACC to the POA board of directors valid?
2. Were the deed restrictions validly amended and integrated?
3. Does the POA have the right to assess and collect fees to maintain, manage, and govern the airport?
In addition, we agreed to have the judge decide the matter via cross motions to eliminate the time and expense of a jury trial.
Hyde's lawyers must have their MSJ to us by this Friday, April 7. Once in hand, we will know on what grounds they have attacked the validity of what we’ve accomplished. So far, this has been a moving target. We will respond to their MSJ and have a court hearing to determine the outcome on May 5. We could not get the hearing scheduled any sooner due to scheduling conflicts with both legal teams. So, as of now we will resolve this matter on May 5, 2017 or shortly thereafter if the judge requires more time or supporting documents.
Although prevailing against Mr. Hyde is important, it’s at least as important for all property owners to understand that we could throw the IDRs out the window and still have the right as easement holders to assess and collect the funds necessary to replace the runway and repair the taxiways.
As always, we greatly appreciate your support and encouragement.
Mitchell R. Whatley
President
NWRA POA
April 1, 2017:
Latest Runway Improvement Pic:
Getting ready to seed the new drainage area. Thanks to the many volunteers that helped roll these out and stake them down.
Full size images at: https://dougreeves.smugmug.com/52F-Airport-Improvements/
Latest Runway Improvement Pic:
Getting ready to seed the new drainage area. Thanks to the many volunteers that helped roll these out and stake them down.
Full size images at: https://dougreeves.smugmug.com/52F-Airport-Improvements/
April 1, 2017:
Need Property Owner Input.
Attention 52F property owners! We would like your input. Please list those projects, from highest to lowest priority, you deem most important for the future success of our airport. Any project dealing with the infrastructure, operation, administration or beautification of the airport is valid.
Submit your list of projects to:
careyfsharp 'at' aol 'dot' com
Please include in your e-mail where your property is on the airport. We will tally the results and present what we have to date at the next board of directors meeting (as well as publishing them on the website).
It is very important to the entire board that the property owners of 52F are faithfully represented.
Need Property Owner Input.
Attention 52F property owners! We would like your input. Please list those projects, from highest to lowest priority, you deem most important for the future success of our airport. Any project dealing with the infrastructure, operation, administration or beautification of the airport is valid.
Submit your list of projects to:
careyfsharp 'at' aol 'dot' com
Please include in your e-mail where your property is on the airport. We will tally the results and present what we have to date at the next board of directors meeting (as well as publishing them on the website).
It is very important to the entire board that the property owners of 52F are faithfully represented.
March 6, 2017:
Patterson Water Supply Discontinuing Service Servicing for the Aero Valley Water Well during April 2017.
There will be no supervision of the well and they appear to be done as the Public Utilities Commission declined to go further in appointing another receiver. They are suggesting we form a Water Supply Corporation and would like to advise us on how to do this. The meeting to announce is hosted for the TCEQ by the Texas Rural Water Association (Celia Eaves) this Thursday March 9th @ 6:30pm to advise us of various outlets for receiving grants for the well:
Erma C. Johnson Hadley Northwest Center of Excellence for Aviation, Transportation and Logistics
1st floor North of the building
2301 Horizon Drive
Fort Worth, TX 76177
817-515-7100
Fax: 817-515-0512
Patterson Water Supply Discontinuing Service Servicing for the Aero Valley Water Well during April 2017.
There will be no supervision of the well and they appear to be done as the Public Utilities Commission declined to go further in appointing another receiver. They are suggesting we form a Water Supply Corporation and would like to advise us on how to do this. The meeting to announce is hosted for the TCEQ by the Texas Rural Water Association (Celia Eaves) this Thursday March 9th @ 6:30pm to advise us of various outlets for receiving grants for the well:
Erma C. Johnson Hadley Northwest Center of Excellence for Aviation, Transportation and Logistics
1st floor North of the building
2301 Horizon Drive
Fort Worth, TX 76177
817-515-7100
Fax: 817-515-0512
March 5, 2017:
New Drainage Grates Installed.
Fabricators: Phil Witt, Carey Sharp, Bob Smith. Fitters: Tim Wade, Bob Smith, Brian Smith.
Full size images at: https://dougreeves.smugmug.com/52F-Airport-Improvements/
New Drainage Grates Installed.
Fabricators: Phil Witt, Carey Sharp, Bob Smith. Fitters: Tim Wade, Bob Smith, Brian Smith.
Full size images at: https://dougreeves.smugmug.com/52F-Airport-Improvements/
February 14, 2017:
Drainage Improvements Working! Larger pictures and captions at: https://dougreeves.smugmug.com/52F-Airport-Improvements/
Drainage Improvements Working! Larger pictures and captions at: https://dougreeves.smugmug.com/52F-Airport-Improvements/
January 19, 2017:
You should receive your 2017 assessment within the next two weeks. It will be based on $0.14 per square foot for the regular assessment and $0.14 per square foot to replace the runway for a total of $0.28 per square foot as required by the budget we unanimously approved at our 2016 annual meeting.
West drainage repair continues but has been delayed by rain. Just as soon is the dirt dries out, we will continue work. We estimate completion of the drainage repair phase no later than the end of January.
Runway construction planning is already underway. Assuming all financing is in place, we plan to begin runway construction by late spring. We will provide at least one month’s notice before shutting down the runway for construction.
We are planning a Q1 get together for all property owners at the end of February. It will include food, music, and fellowship. Stay tuned for more.
January 19, 2017: Voting Rights & Amendment Procedures
Deed Restrictions in Texas: How to Determine Voting Rights and Amendment Procedures
Do your deed restrictions allow one vote per lot or one vote per owner? When can you amend them? The present conflict at Northwest Regional Airport illuminates how property owners can answer these two important questions. The background facts in this case are so bizarre that nobody would believe they could really happen if they weren’t in the public record. Your circumstances might be just as unique. A review of litigation history across the state reveals that there is no such thing as a typical case but the rules of construction are clear. Texas courts will uphold a wide variety of voting rights and amendment procedures based entirely on the language used. At Northwest Regional Airport, the language allows the property owners to amend the deed restrictions at any time on a one vote per owner basis regardless of the number of lots owned. Read article.
You should receive your 2017 assessment within the next two weeks. It will be based on $0.14 per square foot for the regular assessment and $0.14 per square foot to replace the runway for a total of $0.28 per square foot as required by the budget we unanimously approved at our 2016 annual meeting.
West drainage repair continues but has been delayed by rain. Just as soon is the dirt dries out, we will continue work. We estimate completion of the drainage repair phase no later than the end of January.
Runway construction planning is already underway. Assuming all financing is in place, we plan to begin runway construction by late spring. We will provide at least one month’s notice before shutting down the runway for construction.
We are planning a Q1 get together for all property owners at the end of February. It will include food, music, and fellowship. Stay tuned for more.
January 19, 2017: Voting Rights & Amendment Procedures
Deed Restrictions in Texas: How to Determine Voting Rights and Amendment Procedures
Do your deed restrictions allow one vote per lot or one vote per owner? When can you amend them? The present conflict at Northwest Regional Airport illuminates how property owners can answer these two important questions. The background facts in this case are so bizarre that nobody would believe they could really happen if they weren’t in the public record. Your circumstances might be just as unique. A review of litigation history across the state reveals that there is no such thing as a typical case but the rules of construction are clear. Texas courts will uphold a wide variety of voting rights and amendment procedures based entirely on the language used. At Northwest Regional Airport, the language allows the property owners to amend the deed restrictions at any time on a one vote per owner basis regardless of the number of lots owned. Read article.
January 13, 2017
Drainage / Runway Construction Status 1/13/17
In case you’re wondering why work has slowed over the last couple of weeks: First, just before it rained Barnett’s dozer blew a hydraulic pump and the repair work has been extensive. Then after it rained the dirt got too wet to move because it sticks to the loader bucket and won’t dump out of the dump truck. Just as soon as the dozer gets fixed and the dirt dries out a little more we will move the dirt and finish the west side drainage. Work resumed 1/12/17 for a couple of days, but then the rain started again.
After evaluating half a dozen engineering firms, we’ve hired H.W. Lochner (www.hwlochner.com). With their long history of successful projects and outstanding personnel, we could not be more excited to get going on runway construction.
Drainage / Runway Construction Status 1/13/17
In case you’re wondering why work has slowed over the last couple of weeks: First, just before it rained Barnett’s dozer blew a hydraulic pump and the repair work has been extensive. Then after it rained the dirt got too wet to move because it sticks to the loader bucket and won’t dump out of the dump truck. Just as soon as the dozer gets fixed and the dirt dries out a little more we will move the dirt and finish the west side drainage. Work resumed 1/12/17 for a couple of days, but then the rain started again.
After evaluating half a dozen engineering firms, we’ve hired H.W. Lochner (www.hwlochner.com). With their long history of successful projects and outstanding personnel, we could not be more excited to get going on runway construction.
May 5, 2016 - A majority of required property owners signed the Integrated Deed Restrictions. They are now recorded in Denton County.
April 23, 2016 - Amendments to the Association’s Articles of Incorporation and Bylaws approved and filed with the Secretary of State. The NWRPOA is now the airport's governing body.
A majority of property owners have spoken in support of the goal we’ve had all along: RETURN THIS AIRPORT TO A SAFE AND ENJOYABLE AVIATION COMMUNITY!
April 23, 2016 - Amendments to the Association’s Articles of Incorporation and Bylaws approved and filed with the Secretary of State. The NWRPOA is now the airport's governing body.
A majority of property owners have spoken in support of the goal we’ve had all along: RETURN THIS AIRPORT TO A SAFE AND ENJOYABLE AVIATION COMMUNITY!
Schedule
3/2015 - Geotechnical engineering study of runway environment completed based on five core samples at a cost of $4,500 paid entirely by POA.
5/10/2016 - Runway construction committee formed and functioning
5/13/2016 - Integrated Deed Restrictions recorded
6/8/2016 - Three civil engineering firms interviewed, all with extensive runway construction and drainage experience. Contract to be let soon.
Nov 2016 - Drainage repair begins.
*North webcam located Tim Wade's office facing NE. Camera on loan from Doug Reeves. Bandwidth donated by the Energy Center. No POA funds used.
Middle webcam in Scott Doores hangar. No POA funds used.
South webcam located on Phil Witt's balcony facing SE. Camera on loan from Scott Doores. Bandwidth donated by Phil Witt. No POA funds used.
3/2015 - Geotechnical engineering study of runway environment completed based on five core samples at a cost of $4,500 paid entirely by POA.
5/10/2016 - Runway construction committee formed and functioning
5/13/2016 - Integrated Deed Restrictions recorded
6/8/2016 - Three civil engineering firms interviewed, all with extensive runway construction and drainage experience. Contract to be let soon.
Nov 2016 - Drainage repair begins.
*North webcam located Tim Wade's office facing NE. Camera on loan from Doug Reeves. Bandwidth donated by the Energy Center. No POA funds used.
Middle webcam in Scott Doores hangar. No POA funds used.
South webcam located on Phil Witt's balcony facing SE. Camera on loan from Scott Doores. Bandwidth donated by Phil Witt. No POA funds used.
