The trial began Monday. JetAway is defending accusations that it violated its land lease and through-the-fence agreement concerning off-airport activities adjacent to the Montrose Regional Airport.
Business rival Jet Center Partners, which won the county’s contract for fixed-base operations, is further arguing JetAway falsely represented itself as an FBO and violated the Consumer Protection Act.
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Thursday afternoon marked the beginning of arguments on JCP’s claims. The bulk of questioning concerned when Stuhmer and/or JetAway began advertising as an “FBO,” and how long after a court order and subsequent finding of contempt such advertising continued.
Tucker Trautman, JCP attorney also raised certain financial records, though due to a confidentiality agreement, specific dollar amounts were not presented.
He wanted to know why JetAway was holding itself out as an FBO in advertising, but describing itself to the IRS as a “commercial hangaring” operation. He presented a tax return he said listed “hangar service” under principal product or service.
Stuhmer said that was, in fact, the primary service, but that he did not sign the tax returns for JetAway.
Trautman later raised questions about the amount of Av Fuel-brand jet fuel JetAway was purchasing. Because of the confidentiality agreement, he did not mention the amount, but suggested it seemed excessive and asked what percentage of the budget was spent on Av Fuel.
Stuhmer said he did not know. He said he uses Av Fuel for his own plane, which JetAway pays for as a business expense.
Other questions were raised concerning JetAway’s off-airport agreement and a ruling on JetAway’s 2006 Part 16 complaint with the Federal Aviation Administration. Stuhmer’s testimony continues today; cross-examination by JetAway attorneys had not begun Thursday.
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