Verdict pending in airport contracts trial

MONTROSE — Lengthy closing arguments Thursday concluded one of the largest civil court proceedings to involve Montrose County.

At stake is what private jet center JetAway Aviation can and cannot do under a lease assignment and through-the-fence agreement with Montrose County.

Also at issue is whether Jet Center Partners (Black Canyon), the fixed-base operator at Montrose Regional Airport, was damaged by JetAway’s advertising methods, and whether JetAway trespassed by grading portions of the county’s property during a construction project that was ultimately halted.

JetAway is located next to the Montrose Regional Airport. It uses agreements essentially inherited from a previous tenant to access airport property.

JetAway bid to become the fixed-base operator, or FBO, when the county decided to privatize those non-commercial air services in 2005, but lost out to JCP. It sued and also filed a complaint with the Federal Aviation Administration when the county delayed deciding on another FBO proposal. That first FAA complaint was denied; JetAway has since filed a new one, along with a federal anti trust claim that alleges the county conspired with JCP to destroy its business.

These federal actions are still pending.

JetAway argued at trial its lease and other agreement allowed it to provide all services except for aircraft fuel sales. It said the definition of “FBO” was looser than what JCP and the county separately argued it was, and it did not have to sell fuel in order to be an FBO.

Montrose County argued JetAway violated its agreements and needed to meet airport minimum standards for off-airport operations. It wants an injunction.

Jet Center Partners said JetAway deliberately confused consumers via deceptive advertising into believing JetAway was the county-sanctioned FBO. As a result, JCP says it lost business.

Each side made its final case before Judge James Schum Thursday. Schum interrogated all attorneys concerning how the applicable contracts and evidence supported their individual claims.

His written ruling will be issued at a later date, perhaps weeks from now, because of the complexity of the case.