At the Steamboat City Council meeting on December 13, 1994 witnesses made the following statements:
Mr. Dixon McCormick, pilot representing himself and clients (Mr. Rick Garth, Mr. Ken Hamlet and Mr. Joe Brennan), informed Council of his opinion the FBO is an embarrassment to the City. He also supported several of the complaints made against Cherry Creek Aviation, including, but not limited to safety issues and employee management practices.
Mr. Jim "Moose" Barrows, Steamboat Springs private pilot and President of the Yampa Valley Regional Airport Authority, echoed the seriousness of the "problem" at the FBO with current operations.
Mr. Lindow noted some safety concerns being, but not limited to, no response to Unicom communication, fueling safety and billing problems and lack of advisory communication on instrument approaches.
Mr. Jamie Burgess and Mr. Tony Walton both Steamboat Springs private pilots, noted additional situations of concern with the operating practices of Cherry Creek Aviation.
Mr. Don Sundeen, Flight for Life pilot and ex-FBO operator, stated earlier this evening when he radioed in for landing clearance, he received no communication and thus landed without FBO assistance.
Ms. Rita Donham, operator of Steamboat Flying Service, commended Mr. Brian Feeney, Steamboat Springs Airport manager, and employees for their awareness of safety issues. She stated Cherry Creek Aviation asked her company to "get out" thus forcing her to relocate four planes to Hayden.
Mr. Jeff Lake, Steamboat Springs private pilot, also voiced his dissatisfaction with Cherry Creek Aviation.
Mr. Wells responded that many of the complaints he has heard before and they have been responded to. (What about the Flight for Life pilot getting no radio reply earlier that day?)
He [Wells] informed that no insurance claims have been filed in regards to aircraft damage. (Wow, now I feel safe!)
Wells said that the City Council should recognize the ethical and legal obligations of their agreement and not cancel him!!! The Council instead recognized the ethical and legal obligations to not have airplanes crashing at the airport. They investigated and found that the contract had not been properly voted on and approved so they declared it void.
Wells sued and, get this, claimed (among other things) that his FOURTEENTH AMENDMENT RIGHTS TO NOT BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW had been denied!!! Is this the same guy who wants to take a 210 mile strip of private property using a law which subverts the Fourteenth Amendment?
Steamboat won a summary judgement which was upheld by the Colorado Court of Appeals. In a previous case the Supreme Court said "Summary judgment is a drastic remedy and should be granted only upon a clear showing that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law." In other words it was a slam dunk!
So in this transportation venture Wells did a shoddy job which endangered passengers at the airport. Then he sued for his right to continue to profit from his unsafe operation. Is this a man who should be turned loose with bulldozers to tear through seven counties?
Sources:
Minutes of the Steamboat Springs City Council
Cherry Creek Aviation, Inc. v. City of Steamboat Springs
"Appeals court sides with city" in the Steamboat Pilot
For more about Ray Wells career see: