United States District Court, D. Colorado
VERNON RANDEL, individually and on the behalf of others similarly situated, and, CHERYL RANDEL, individually and on the behalf of others similarly situated, Plaintiffs,
PARKLAND HOMEOWNERS ASSOCIATION, INC., a Colorado nonprofit corporation, Defendant.
Michael E. Hegarty United States Magistrate Judge
case arises out of a private airpark located near Erie,
Colorado, where Plaintiffs are residents and members of
Defendant Parkland Homeowners Association, Inc. (the
“HOA”). Plaintiffs claim that the HOA failed to
complete and file a particular form to alert the Federal
Aviation Administration (“FAA”) of changes to the
airpark. Before the Court is Defendant's Motion to
Dismiss Under Federal Rule of Civil Procedure 12(b)(6), ECF
No. 11. For the reasons that follow, I dismiss this case on
Rule 12(b)(1) grounds.
following are factual allegations made by Plaintiffs in their
Complaint, which are taken as true for analysis under
Fed.R.Civ.P. 12(b)(1) pursuant to Holt v. United
States, 46 F.3d 1000, 1002 (10th Cir. 1995). I include
Plaintiffs' descriptions of the FAA and the regulations
that govern it, even though those allegations are legal and
not purely factual, to provide appropriate context.
the HOA, is a Colorado corporation in good standing located
in Erie, Colorado. Compl. ¶ 3, ECF No. 1. Plaintiffs
Vernon Randel and Cheryl Randel live in Erie and are
residents and members of the HOA. Id. ¶¶
1, 2. The HOA is responsible for management and operation of
common real property jointly owned by its members.
Id. ¶ 3. A portion of the property is
designated for use as a private airfield known as
“Parkland Airport.” Id. The houses are
situated on a single runway, with each homeowner allowed to
maintain a hangar that is accessed through a taxiway system.
Id. ¶¶ 69-70.
is a subdivision of the United States Department of
Transportation and was created by statute under 49 U.S.C.
§ 106. Id. ¶ 7. The FAA has the sole
authority to develop plans and policies for the use of
navigable airspace within the United States. Id.
Under the rules promulgated by the FAA, an
“airport” is defined as “an area of land or
water that is used or intended to be used for the landing and
takeoff of aircraft, and includes its buildings and
facilities, if any.” Id. ¶ 9 (quoting 14
C.F.R. § 1.1). FAA regulations require
mandatory reporting for proposed construction and alteration
to airports. Id. ¶¶ 11-12 (citing 14
C.F.R. § 157 (“Part 157”)). Part 157
mandates that changes must be reported through a 5010-3 Form
and a 7480-1 Form. Id. ¶¶ 16-17.
1972 to 1978, a developer known as Park Land Associates
worked to establish a sport airpark with a single runaway in
Erie. Id. ¶¶ 41-53. In 1972 and separately
in 1976, Park Land Associates submitted 7480-1 Forms to the
FAA to establish the Parkland Airport. Id.
¶¶ 42, 46. On March 2, 1978, the Articles of
Incorporation for the HOA were executed, and on March 10 the
documents were filed with the Colorado Secretary of State.
Id. ¶ 56. On March 31, 1978, the same
incorporators adopted the By-Laws of the HOA. Id.
¶ 57. The HOA was authorized to collect member fees to
manage and maintain the Parkland Airport. Id. ¶
1978, the HOA planned to alter the Parkland Airport to expand
the runaway and use a dirt surface. Id. ¶¶
61-63. A letter from the FAA requested that the HOA submit a
new 7480-1 Form with all proposed alterations to the Parkland
Airport that differed from the 1976 Form. Id. ¶
66. Neither the FAA nor Plaintiffs have any record of a new
7480-1 Form being submitted after 1976. Id. ¶
67. On December 5, 1978, the FAA issued a determination to
the HOA approving the 1978 modifications and informed the HOA
that the FAA had performed an aeronautical study for the new
proposed features of Parkland Airport; the determination also
included recommendations for mitigating existing obstacles
and approach vectors. Id. ¶ 68.
1978, the HOA has permitted numerous alterations and
modifications to the Parkland Airport. Id. ¶
74. Some of these modifications include: changing runway
length and width, changing runway surface types, permitting
construction that restricts line of sight minimums on
runways, modifying and adding landing aids, and changing the
proximity of runway and taxiway surfaces to the public access
road. Id. ¶ 74(a-i).
is no record of any additional 7480-1 Forms filed by the HOA
with the FAA since the determination on December 5, 1978.
Id. ¶ 71. Parkland Airport is an airport within
the definitions contained in Part 157 and is subject to the
rules and regulations promulgated thereunder by the FAA.
Id. ¶ 72. Parkland Airport also falls under the
definition of “planned or proposed airport” for
which notice of construction or alteration must be reported
to the FAA under Part 157. Id. ¶ 73.
dispute arose regarding the use of Taxiway E, which is
partially owned by Plaintiffs, as an unrestricted runway.
Id. ¶¶ 76-90. After numerous complaints,
the HOA advised its members that it was an emergency landing
strip only. Id. ¶¶ 79, 90. But the
HOA's leadership changed and in 2017, the HOA made
alterations and changes on Taxiway E without submitting a
7480-1 Form to the FAA. Id. ¶¶ 90-91.
Plaintiffs contacted the Denver Flight Standards District
Office (“FSDO”) to voice their concerns about
safety and the changes to Taxiway E. Id. ¶ 93.
FAA representatives from the Denver FSDO advised Plaintiffs
that the FAA's enforcement arm was concerned about
airspace safety issues caused by the new changes.
Id. On September 14, 2017, the FAA Safety Team
Program Manager and the FAA Airports District Office Manager
advised Plaintiffs to direct the HOA to file the required
7480-1 Form regarding the changes. Id. ¶ 94.
Plaintiffs provided written notice of these violations of FAA
rules and regulations to the HOA. Id. ¶ 98.
demanded that the HOA report changes to the FAA, but the HOA
refused. Id. ¶¶ 98, 100. The HOA's
refusal to comply with the federal law will expose Plaintiffs
and other members of the HOA to civil enforcement action,
monetary penalties, and restrictions on property use that
contravene the property's intended purpose as an airport.
Id. ¶ 106.