David W. Sandell v. Federal Aviation Administration

David W. Sandell, a citizen of the State of Washington, appeals from determinations made by the Federal Aviation Administration (FAA) relative to certain airfields in the San Juan Islands. The case is a skirmish in a protracted conflict between Sandell, a user of one airfield, and neighbors who propose building a competing airfield.

FACTS

In 1980 Sandell resurfaced, graded, straightened, and cleared the privately owned Stuart Island West Airport, also known as Pauli’s Field. In return, he was given an easement to use the strip and the right to recover the costs of the improvement by collecting contributions from other users. At the time, no notice of Pauli’s Field had been filed with the FAA.

Ralph Ericksen Farms owns property not far from Pauli’s Field. On May 29, 1986, it filed a Notice of Landing Area Proposal (Form 7480-1) with the FAA, indicating it intended to build a field named Prevost Airfield.

The FAA conducted an air space study for the proposed Prevost Airfield. On December 8, 1986, the FAA granted an extension of the Prevost proposal through January of 1987; this extension was then further extended to January 31, 1988.

Pauli’s Field was ignored by the FAA in its…