- Where to find cheapest avgas in the area.
- Major recent accomplishments: New Runway / Drainage Improvements
- Email: AeroValleyAirport@gmail.com
POA Meetings are held on the 2nd Tue of each month in Scott Doores' hangar (0900).
Latest News:
6/15/2019 (PARTY THIS WEEKEND)
The ‘Skid Row Pilots’ (N/W corner behind Energy Center) are hosting a 52F-wide cookout Saturday @1700.
The details:
52F Airport cookout.
Saturday, June 15, 1700.
Family & Friends Social.
BYOB, A/C, shade.
Standard Skid Row rules:No politicking, No arguing, No Selling.
5/19/2019
NW Development Amendment page created. Click on 'Menu' top right or HERE. Contains the letter sent to all property owners in the NW development area as well as a link to the amended deed restrictions being voted on.
4/28/2019
ACC Candidate Request Letter / ACC Candidate Notification posted. (ACC Candidates page in menu top right, or click HERE).
4/23/2019 52F Airport Update
Assessments: In light of the appellate court’s opinion, some property owners have questioned the legitimacy of the 2019 assessments. Let’s clear the air. The appellate court invalidated the Integrated Deed Restrictions (“IDRs”); thus, the POA “lacks the authority to assess fees to maintain the Airport’s common areas” as the IDRs required. The POA has adhered to this ruling. To fund drainage repair and runway reconstruction, 20 property owners loaned money to the POA through promissory notes. The holders of these promissory notes have the authority to seek reimbursement for these costs. They also have the right to designate the POA as their collection agent. The invoices you received were on behalf of these creditors. The notices attached to each invoice stated that the invoices did not come from the POA’s authority under the IDRs but from your duty to reimburse these owners for the repair costs. Remember, they are your fellow neighbors, pilots, and property owners.
Legal: After the Fort Worth Court of Appeals invalidated the Integrated Deed Restrictions (“IDRs”) and denied our motion for rehearing, we filed a petition for review in the Texas Supreme Court because we believe the appellate court erred for two primary reasons. First, the appellate court’s opinion raised an issue of first impression: Do property owners who are subject to enforcement of equitable servitudes (implied deed restrictions) have the right to amend those restrictions? The appellate court held that they don’t. We believe they do, but this issue has never been litigated in Texas. Second, we believe the appellate court failed to acknowledge all the bases on which the trial court could have validated the IDRs. If the appellate court had done so as we believe the court was required to do, the appellate court would have upheld the trial court’s judgment.
Whether the Supreme Court grants our petition and reviews the appellate court’s opinion is a matter of discretion. The Texas Supreme Court is not required to consider it. Under these circumstances, we nevertheless have a clear path forward regardless of the Supreme Court’s position.
According to the Court of Appeals, the IDRs took too big of a bite by attempting to amend ALL of the airport’s restrictions at once. The Court construed each set of restrictions as independent, each requiring its own majority to amend. The Court invalidated the IDRs in their entirety because less than a majority signed in a few subdivisions the Court created. By doing so, the Court’s opinion fractures the airport into multiple voting blocs. One of these blocs is the entire Northwest Development. Restarting the amendment process here was an easy decision because:
We have drafted amended restrictions specifically for the Northwest Development. These amended restrictions designate the POA’s board of directors as the airport’s governing body and eliminate the license agreement. After all, the license agreement has been the single cause of all the crises and non-stop litigation property owners have endured for the past 35 years.
After all changes and recommendations have been incorporated, we will host a signing event and record the amended restrictions after receiving a majority. We expect this to be complete no later than June 1, 2019.
We regret the temporary setback and resources expended on legal fees that, yet again, should have been used for other purposes. There has never been a more important time for us to remain unified in our efforts to keep our airport on a constructive and sustainable path forward.
Thank you for your continued support and encouragement.
Mitchell R. Whatley, JD, President
Steven Whatley, Vice President
Larry Martin, CPA, Treasurer
Doug Reeves, Secretary
Eric Branyan, Member
Gary Platner, Member
Carey Sharp, Member
The ‘Skid Row Pilots’ (N/W corner behind Energy Center) are hosting a 52F-wide cookout Saturday @1700.
The details:
52F Airport cookout.
Saturday, June 15, 1700.
Family & Friends Social.
BYOB, A/C, shade.
Standard Skid Row rules:No politicking, No arguing, No Selling.
5/19/2019
NW Development Amendment page created. Click on 'Menu' top right or HERE. Contains the letter sent to all property owners in the NW development area as well as a link to the amended deed restrictions being voted on.
4/28/2019
ACC Candidate Request Letter / ACC Candidate Notification posted. (ACC Candidates page in menu top right, or click HERE).
4/23/2019 52F Airport Update
Assessments: In light of the appellate court’s opinion, some property owners have questioned the legitimacy of the 2019 assessments. Let’s clear the air. The appellate court invalidated the Integrated Deed Restrictions (“IDRs”); thus, the POA “lacks the authority to assess fees to maintain the Airport’s common areas” as the IDRs required. The POA has adhered to this ruling. To fund drainage repair and runway reconstruction, 20 property owners loaned money to the POA through promissory notes. The holders of these promissory notes have the authority to seek reimbursement for these costs. They also have the right to designate the POA as their collection agent. The invoices you received were on behalf of these creditors. The notices attached to each invoice stated that the invoices did not come from the POA’s authority under the IDRs but from your duty to reimburse these owners for the repair costs. Remember, they are your fellow neighbors, pilots, and property owners.
Legal: After the Fort Worth Court of Appeals invalidated the Integrated Deed Restrictions (“IDRs”) and denied our motion for rehearing, we filed a petition for review in the Texas Supreme Court because we believe the appellate court erred for two primary reasons. First, the appellate court’s opinion raised an issue of first impression: Do property owners who are subject to enforcement of equitable servitudes (implied deed restrictions) have the right to amend those restrictions? The appellate court held that they don’t. We believe they do, but this issue has never been litigated in Texas. Second, we believe the appellate court failed to acknowledge all the bases on which the trial court could have validated the IDRs. If the appellate court had done so as we believe the court was required to do, the appellate court would have upheld the trial court’s judgment.
Whether the Supreme Court grants our petition and reviews the appellate court’s opinion is a matter of discretion. The Texas Supreme Court is not required to consider it. Under these circumstances, we nevertheless have a clear path forward regardless of the Supreme Court’s position.
According to the Court of Appeals, the IDRs took too big of a bite by attempting to amend ALL of the airport’s restrictions at once. The Court construed each set of restrictions as independent, each requiring its own majority to amend. The Court invalidated the IDRs in their entirety because less than a majority signed in a few subdivisions the Court created. By doing so, the Court’s opinion fractures the airport into multiple voting blocs. One of these blocs is the entire Northwest Development. Restarting the amendment process here was an easy decision because:
- 60% of NW Development owners already signed the IDRs and recent ownership changes to those who recognize the need for change will only increase that percentage; and
- the NW Development is where Hyde-Way imposed the most licenses and claims to have sole governing authority.
We have drafted amended restrictions specifically for the Northwest Development. These amended restrictions designate the POA’s board of directors as the airport’s governing body and eliminate the license agreement. After all, the license agreement has been the single cause of all the crises and non-stop litigation property owners have endured for the past 35 years.
After all changes and recommendations have been incorporated, we will host a signing event and record the amended restrictions after receiving a majority. We expect this to be complete no later than June 1, 2019.
We regret the temporary setback and resources expended on legal fees that, yet again, should have been used for other purposes. There has never been a more important time for us to remain unified in our efforts to keep our airport on a constructive and sustainable path forward.
Thank you for your continued support and encouragement.
Mitchell R. Whatley, JD, President
Steven Whatley, Vice President
Larry Martin, CPA, Treasurer
Doug Reeves, Secretary
Eric Branyan, Member
Gary Platner, Member
Carey Sharp, Member