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Judge Beavers rules that the Airport bonds can go forward


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#1 PUBBY

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Posted 06 December 2013 - 03:21 PM

Judge Tonny Beavers ruled that the county's decision to issue revenue bonds could be supported by the commission and backed by the taxpayers rejecting the notion that the bonds represented a gratuity to benefit an individual company.

Commission Chairman David Austin called pcom with the news and said he had not seen what he said he was told is an 18 page decision. When or whether the ruling will be appealed is unknown.

Austin said the court decision was a victory for the county's citizens and economic development and proves the county's efforts, despite a few niggling procedural points, was legal and appropriate.

Austin also recalled a conversation he had yesterday with Bartow County Chairman Steve Taylor who said his community, home of the North Point vacation-oriented sports complex being built on Red Tom Mountain road, will be counting heavily on Paulding's airport plans.

That development is expected to bring in hundreds of thousands of visitors annually for a youth sports oriented vacation local full teams at a time for events like tournaments. In a brief conversation Austin agreed that a traveling baseball team of 15 players and 40-50 family members and coaches would be better served by flying a chartered plane into Paulding rather than Hartsfield-Jackson, which is currently tasked to the max. It would take just about as much time for a group that size to get out of H-J to ground transporation as it would to get off the plan and to the facility at North Point.

Presumably the construction of the airport taxiway funded by the bond was put in a brief hiatus when the bond was challenged and we were unable to determine when exactly construction will be resumed, if indeed it was halted.

pubby

#2 tundra

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Posted 06 December 2013 - 03:22 PM

Judge Tonny Beavers ruled that the county's decision to issue revenue bonds could be supported by the commission and backed by the taxpayers rejecting the notion that the bonds represented a gratuity to benefit an individual company.

Commission Chairman David Austin called pcom with the news and said he had not seen what he said he was told is an 18 page decision. When or whether the ruling will be appealed is unknown.

Austin said the court decision was a victory for the county's citizens and economic development and proves the county's efforts, despite a few niggling procedural points, was legal and appropriate.

Austin also recalled a conversation he had yesterday with Bartow County Chairman Steve Taylor who said his community, home of the North Point vacation-oriented sports complex being built on Red Tom Mountain road, will be counting heavily on Paulding's airport plans.

That development is expected to bring in hundreds of thousands of visitors annually for a youth sports oriented vacation local full teams at a time for events like tournaments. In a brief conversation Austin agreed that a traveling baseball team of 15 players and 40-50 family members and coaches would be better served by flying a chartered plane into Paulding rather than Hartsfield-Jackson, which is currently tasked to the max. It would take just about as much time for a group that size to get out of H-J to ground transporation as it would to get off the plan and to the facility at North Point.

Presumably the construction of the airport taxiway funded by the bond was put in a brief hiatus when the bond was challenged and we were unable to determine when exactly construction will be resumed, if indeed it was halted.

pubby


Oh no matter which way this was decided, it would have been sure to be appealed.

Bring on the jobs, bring on the business leave the commercial flights at Hartsfield.

I OPPOSE COMMERCIAL AIR SERVICE. Protect Paulding County  Put it on the Ballot
 


#3 NewsJunky

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Posted 06 December 2013 - 03:39 PM

I heard on the radio that the residents who brought the suit intend to appeal.

 

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#4 PUBBY

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Posted 06 December 2013 - 06:13 PM

I heard on the radio that the residents who brought the suit intend to appeal.


Then the question becomes whether the judge or panel that hears the appeal will set aside the ruling of the lower court or, instead allow the decision to stand pending the outcome of the appeal.

I understand Judge Beavers justified his decision with an 18 page decision that explained his reasoning but do not have a copy of it at this time.

pubby

#5 WHITEY

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Posted 07 December 2013 - 10:33 AM

I heard on the radio that the residents who brought the suit intend to appeal.

I sure hope so. I do not want my tax dollars spent in this manner enough is enough let Silver Comet LLC fight this in court
Never doubt that a small group of thoughtful committed citizens can change the world. Indeed it is the only thing that ever has Margaret Mead

I oppose the airport expansion

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#6 Garland

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Posted 07 December 2013 - 10:42 AM

It is Lake Point, not North Point.

Why would they fly chartered planes into Paulding when the Cartersville airport is two miles from the development? The Rome aiport maybe closer, also.
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#7 Mr.Dis

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Posted 07 December 2013 - 10:54 AM

It is Lake Point, not North Point.

Why would they fly chartered planes into Paulding when the Cartersville airport is two miles from the development? The Rome aiport maybe closer, also.


Good question. My first guess would be that it has to do with the capabilty to take commuter planes.

As for Whitey...
Ill just come right in out and say it

IN ORDER FOR WHITEY TO ONCE AGAIN BE HAPPY... Would everyone and every business that moved into Paulding since 1980 PLEASE LEAVE!!!

And yes that includes me. We just all need to leave so he can live here and die happy all by himself. I never realized that A Whitey was actually Mr. Paulding.
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#8 Garland

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Posted 07 December 2013 - 10:59 AM

Good question. My first guess would be that it has to do with the capabilty to take commuter planes.

As for Whitey...
Ill just come right in out and say it

IN ORDER FOR WHITEY TO ONCE AGAIN BE HAPPY... Would everyone and every business that moved into Paulding since 1980 PLEASE LEAVE!!!

And yes that includes me. We just all need to leave so he can live here and die happy all by himself. I never realized that A Whitey was actually Mr. Paulding.



I know nothing about airports but these are the runway dimensions: 5760 x 100 ft. / 1756 x 30 m

#9 LPPT

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Posted 07 December 2013 - 11:15 AM

It is Lake Point, not North Point.

Why would they fly chartered planes into Paulding when the Cartersville airport is two miles from the development? The Rome aiport maybe closer, also.


I don't know about Rome airport so I can't answer that.
Cartersville airport is much smaller than ours with no place to expand as far as runways and terminals.
They would have to get Commercial flights approved if they decided to try and expand. They will need the same things, large planes that can handle luggage and cargo, security ect.

It also would have environmental impact studies that it may fail do to it's location.
They always have a lot of corporate jets parked out there. Bartow and the northern counties have a lot of manufacturing. General aviation is profitable for them.

The success of out airport will more than likely come from the same areas that their corporate jets serve.
I really don't see us pulling passengers that live within Atlanta to our airport it will be northwest Georgia folks.

When I fly out of Atlanta I have to leave my home 3 hours before my flight. I have to fight traffic sometimes for more than an hour. I get stuck for 20 minutes at check in most time. At peak hours 30 minutes getting through security and twenty minutes to my departing gate.

It is probably worse for people farther north and west to fly out.
In order for low cost carries to be profitable they have to fill planes up.
They tend to fly to large metro airports, because there are more business flyers.

I just don't see the planes coming and going every 1/2 like Airtran and Delta do.
I think that we will end up with a small discount airline using our airport for maintenance and registration for cheaper ad valorum tax and lower rent on maintenance hangers. It will be good if they can fill planes coming and going with passengers when they come in.

I can tell you that these low rate carriers definitely help the consumer. I can no longer afford to fly out every few months to take care of my dad. Now that Delta has the monopoly on Memphis it is just too expensive.

If frequent and loud planes are what bothers folks, I would be a lot more concerned about a cargo service looking to compete with the big 2.

#10 tbird

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Posted 07 December 2013 - 12:12 PM

Of course he ruled in the county's favor--what else did you expect???

Exactly why I had wondered why in the world they didn't try to get it heard outside the county.

I hope some of these folks have to try and make it in private practice again come election time--they have to go!!!
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#11 smy34

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Posted 07 December 2013 - 12:23 PM

The SPLOST to be voted on in Rome, will increase the runway by 1000 ft. Note really needed but asked for by corporations with larger jets for insurance certificates so that would make it safer. As pointed out earlier both Budweiser and the bakery for Rice Krispy Treats fly in constantly. A note, Bartow thought that they would get Budweiser but not the closet and straight in to land near the plant. I felt that the ruling would validate the bonds just like the Braves and Cobb County. It probably was in the previous cases that Judge Beavers made this decision. Now we get to pay tax dollars for the defense that Delta will pay attorneys for the group. I am 100% convinced that either the attorneys or Delta is doing this to make money. The individuals usually would have to pay $25 to $50,000 just to get going. So for those against, you are paying for this out of tax base money.

#12 Gone

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Posted 07 December 2013 - 12:32 PM

It is Lake Point, not North Point.

Why would they fly chartered planes into Paulding when the Cartersville airport is two miles from the development? The Rome aiport maybe closer, also.


Old Alabama Road will be widened to handle the traffic all the way to 113

#13 SOLO

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Posted 07 December 2013 - 12:45 PM

Of course he ruled in the county's favor--what else did you expect???

Exactly why I had wondered why in the world they didn't try to get it heard outside the county.

I hope some of these folks have to try and make it in private practice again come election time--they have to go!!!

Glad someone else knew how the ruling would be....never a doubt to me. After sitting through the courts this summer in Paulding it is a wonder that our courts are not laughed out of town. I have never seen Judges act the way I saw this summer...it is a shame .Saw a Judge go on and on about who made the clock hanging on the wall in the back of his court. heard one trying to think of a name of a song and asking all the lawyers if the remembered it. I was shocked at the things I saw. What a joke.
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#14 Watcher22

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Posted 07 December 2013 - 01:48 PM

Judge Tonny Beavers ruled that the county's decision to issue revenue bonds could be supported by the commission and backed by the taxpayers rejecting the notion that the bonds represented a gratuity to benefit an individual company.

Commission Chairman David Austin called pcom with the news and said he had not seen what he said he was told is an 18 page decision. When or whether the ruling will be appealed is unknown.

Austin said the court decision was a victory for the county's citizens and economic development and proves the county's efforts, despite a few niggling procedural points, was legal and appropriate.

Austin also recalled a conversation he had yesterday with Bartow County Chairman Steve Taylor who said his community, home of the North Point vacation-oriented sports complex being built on Red Tom Mountain road, will be counting heavily on Paulding's airport plans.

That development is expected to bring in hundreds of thousands of visitors annually for a youth sports oriented vacation local full teams at a time for events like tournaments. In a brief conversation Austin agreed that a traveling baseball team of 15 players and 40-50 family members and coaches would be better served by flying a chartered plane into Paulding rather than Hartsfield-Jackson, which is currently tasked to the max. It would take just about as much time for a group that size to get out of H-J to ground transporation as it would to get off the plan and to the facility at North Point.

Presumably the construction of the airport taxiway funded by the bond was put in a brief hiatus when the bond was challenged and we were unable to determine when exactly construction will be resumed, if indeed it was halted.

pubby


Did anyone really think that Austin and his flunkeys wouldn't get things their way. I have live in Paulding all my life and I really hate to see the county in the shape it's in. Tax payers don't have any say but we do get to foot the bill.
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#15 smy34

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Posted 07 December 2013 - 02:29 PM

Watcher22, have you ever thought, regardless of how you feel, that this situation has a precedent within the courts and been ruled on before and survived appeals. Thought sounds very narrow minded that Austin controls the judge, yes it will be appealed but certainly you do not believe that the judge ruled just for Austin. I would be interested if pubby published it to show you where a case has set precedent and ruled on before...wow

#16 surepip

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Posted 07 December 2013 - 03:22 PM

Of course he ruled in the county's favor--what else did you expect???

Exactly why I had wondered why in the world they didn't try to get it heard outside the county.

I hope some of these folks have to try and make it in private practice again come election time--they have to go!!!


No, if that was the case Judge Beavers would have done the same in our case wouldn't he ? In ours, at least on the ANTASLAPP statute, he found the County Board of Commissioners and their attorneys had violated the Georgia ANTISLAPP Stature, and ruled in our favor. Then after another 2 full days wasted in the courtroom with our attorney reading every invoice into the record and explaining when questioned what it was for, Judge Beavers awarded us a judgement for $268,000+ in legal fees.

Mr Austin and company appealed, paid another $150.000., and got the ruling and judgement overturned. So now they have spent $1.500,000+ to prevent a Judge and Jury from actually deciding anything to do with the merits of our case. If they had such great grounds to beat us, why won't they let a judge and jury decide the matter ?
When you think they are ganging up against you....."Illigitimus non es carborundum"

#17 WHITEY

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Posted 07 December 2013 - 03:56 PM

Did anyone really think that Austin and his flunkeys wouldn't get things their way. I have live in Paulding all my life and I really hate to see the county in the shape it's in. Tax payers don't have any say but we do get to foot the bill.

I am not too concerned with this ruling, Fact is I expected it to be like this. Now if the appeals courts in Atlanta uphold Judge Beavers then I will began to get concerned. I think Judge Beavers ruled fairly based on the evidence that was heard.

I expect this to be drug out through all the courts in Georgia and to cost the Paulding County tax payers a couple of million dollars just to get a $3.2 million bond approved Heck it is reported that the county spent about a $1.5 million already on Surepip and that case is still not resolved.
Folks this is going to be a long expensive journey, sit back and enjoy the ride our county commissioners are going to take us on fighting for something that A majority of citizens do not want.
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Never doubt that a small group of thoughtful committed citizens can change the world. Indeed it is the only thing that ever has Margaret Mead

I oppose the airport expansion

http://www.savepauldingco.com/blog/

"And believe you me, if there was going to be airliners I would not be a part of this, never ever would I be a part of this"




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