Boston Executive Helicopters (BEH) on Monday won the most recent court decision in the long-running legal fight with the Town of Norwood, Massachusetts, over disputes about its FBO at Norwood Memorial Airport.
The U.S. Court of Appeals upheld BEH's argument that requiring its FBO to provide an easement on its leased ramp for use by the airport's other FBO, FlightLevel, violates the settlement agreement signed between BEH and the Town of Norwood in July 2019. BEH contended that an easement would interfere with its use of the West Apron by, for example, requiring it to move parked aircraft to accommodate FlightLevel's passage.
According to court documents, "The parties' prolonged negotiations prior to signing the settlement agreement make it crystal clear that there was to be no encumbrance in favor of FlightLevel." That lease, as BEH points out, "says nothing about encumbrances; nevertheless, Norwood continues to maintain that FlightLevel still has an easement to use the West Apron."
After an 11-year effort, BEH finally pumped its first fuel as a working FBO in July 2021, but it is undetermined if this court decision will resolve any disagreements because of each party's determination to stand their ground. A spokesperson for the law firm representing the Town of Norwood told AIN, "At the moment, we're still assessing the decision and next steps, and are not ready to comment."