April 29, 2003
Serving Western Deschutes County
Sisters, Oregon







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The contents of the on-line edition of The Nugget represent a selection among the stories that appear in the weekly print edition.

Lawsuit raises issues of airport access
By Jim Cornelius

The 'airpark' subdivision has become embroiled in a dispute. Photo by Jim Cornelius
A lawsuit that played out over three days in Deschutes County Circuit Court last week pits two homeowners in Eagle Air Estates against the developer of the subdivision and the homeowners association.

At stake, according to plaintiffs Michael and Janet Morgan and Cydnie Harp, is the possibility that they could lose access to the Sisters Airport runway if Sisters Eagle Air stops operating the runway.

Developer Vern Goodsell has a "reversionary interest" that would return ownership of one-third of the airport runway to him if the airport was no longer in operation.

The plaintiffs want Goodsell to place his reversionary interest in trust with the homeowners association. The suit also asks for damages related to alleged loss of property value and attorneys' fees.

According to the plaintiffs' complaint, "Defendant homeowners association and its members will suffer irreparable harm if the airport reversionary interest is transferred or encumbered or lost... because members purchased the property in Eagle Air Estates with the reasonable expectation that the subdivision is and would remain an airpark subdivision with direct access for private airplanes..."

In his testimony on Thursday, April 24, Goodsell indicated that he plans to keep his reversionary interest. He has also stated that he does not want the airport to be lost.

"I have created a protective covenant regarding the reversionary rights that I hold and the majority of homeowners have accepted it," Goodsell told The Nugget. "I will do nothing to cause the Sisters Airport to close. I have continued open dialogue with Mike Hollern, chairman of Brooks Resources Corp., which holds the reversionary rights to two-thirds of the Sisters Airport. We both hope to keep the airport viable should it revert back to us in the future."

David Clemens, whose father Cliff has operated the runway for years, told The Nugget that "the ownership of the airport does not anticipate making any changes in the near future."

The lawsuit won't be resolved in the near future, either. Written closing arguments are due at the end of May. Judge Alta Brady will likely not render a final decision until July.

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