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Priester Aviation v. Am. School of Aviation

OPINION FILED APRIL 22, 1981.

GEORGE J. PRIESTER AVIATION SERVICE, INC., PLAINTIFF-APPELLANT,

v.

AMERICAN SCHOOL OF AVIATION, INC., ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County; the Hon. ALBERT S. PORTER, Judge, presiding.

MISS JUSTICE MCGILLICUDDY DELIVERED THE OPINION OF THE COURT:

The plaintiff, George J. Priester Aviation Service, Inc., filed a petition for a rule to show cause why certain defendants should not be held in contempt of court for violating a preliminary injunction. Following a hearing on the contempt petition, the trial court denied the relief requested. The court also entered a mandatory injunction ordering the plaintiff to perform certain actions. The plaintiff appeals.

The plaintiff (airport) is the operator of Pal-Waukee Airport, a privately owned airport located in Wheeling, Illinois. The defendant, American School of Aviation, Inc. (ASA), is the operator of a flight training school and aircraft rental business at the airport. A. Michael Fischer is the president and director of ASA.

The record reveals the existence of much animosity between the airport and ASA which has resulted in numerous lawsuits involving the parties in both the State and Federal courts>. The instant case involves the airport's attempt to enjoin ASA from allegedly violating the airport's regulations and safety requirements.

On July 19, 1980, the trial court entered an agreed preliminary injunction enjoining ASA,

"* * * from violating Pal-Waukee Airport's rules and regulations pertaining to flight training operations pursuant to Part 141 of the Federal Aviation Regulations, ground traffic control signs and/or signals, and parking restrictions."

Subsequently, the airport filed its petition for a rule to show cause in which it alleged that Fischer intentionally violated said injunction by driving ASA's truck past two posted traffic signs and onto restricted taxiways and ramp areas used by jet aircraft. The traffic signs stated: "No vehicles beyond this point."

The evidence presented at the hearing on the petition disclosed that on July 25, 1980, airport personnel began construction of a drainage ditch at the airport. Materials used in the construction blocked the only access road which led to the area where ASA's planes were located. The evidence also revealed that prior to the start of the construction the airport re-assigned other planes which had been stored with ASA's aircraft to another storage area.

The airport called defendant, A. Michael Fischer, as a witness. On cross-examination, he testified that ASA received no notice that the roadway would be blocked on account of the construction. He stated that on the morning of July 25 two of his employees had used the access road to reach the planes prior to the time the road was blocked by the airport. When Fischer arrived at the airport, the road was blocked. At that time Fischer observed Riley O'Brien, the assistant manager of the airport, photographing the two ASA employees who were leaving the storage area via the taxiway. Fischer admitted driving onto the taxiway in order to check the condition of ASA's planes.

Riley O'Brien testified for the airport that he was supervising the construction activities when Fischer arrived in his vehicle. O'Brien stated that Fischer threatened him and announced his intentions to drive onto the taxiway. Fischer drove on the taxiway and O'Brien photographed his actions. O'Brien also admitted that he took pictures of the two ASA employees as they exited via the taxiway.

O'Brien explained that despite the construction activities, a pilot could park his vehicle and walk to ASA's planes. He stated that the blocked roadway only affected the ability of the pilot to drive his vehicle directly to the planes.

At the conclusion of the testimony of Fischer and O'Brien the trial court asked the attorney for the airport if he had any other witnesses and what would be the substance of their testimony. Counsel informed the court that the airport's maintenance chief would testify concerning the amount of debris he removed after Fischer drove his vehicle across the ramp and taxiway. He also stated that Charles Priester would identify the construction plans and explain the rationale of moving all aircraft except those belonging to ASA to another location.

The trial court also asked ASA's attorney if he planned to present any witnesses. Counsel replied that Fischer would testify concerning the facts set forth in ASA's response to the petition for a rule. *fn1

At this point the trial court explained that it had no time to hear additional evidence. The trial court stated that Fischer did violate the injunction by driving onto the taxiway. He also stated that it was apparent that the airport was not treating ASA in a fair manner. The court commented that the airport was going out of its way to make it difficult for ASA to operate. The ...


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