Van Aire Skyport Corp. v. Federal Aviation Administration

733 F. Supp. 316, 1990 U.S. Dist. LEXIS 2060
CourtDistrict Court, D. Colorado
DecidedFebruary 12, 1990
DocketCiv. A. No. 89-F-1609
StatusPublished
Cited by2 cases

This text of 733 F. Supp. 316 (Van Aire Skyport Corp. v. Federal Aviation Administration) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Aire Skyport Corp. v. Federal Aviation Administration, 733 F. Supp. 316, 1990 U.S. Dist. LEXIS 2060 (D. Colo. 1990).

Opinion

MEMORANDUM OPINION AND ORDER

SHERMAN G. FINESILVER, Chief Judge.

Plaintiff brings this action under the Freedom of Information Act, 5 U.S.C. § 552 (FOIA). The parties are Van Aire Skyport (Van Aire) and the Federal Aviation Administration (FAA). Plaintiff moves this court for a preliminary and permanent injunction that would prohibit defendant from withholding requested records, and would direct defendant to permit inspection and copying of the documents. Plaintiff also requests attorney’s fees. Jurisdiction lies in this court pursuant to 5 U.S.C. § 552(a)(4)(B).

Plaintiff Van Aire is a not-for-profit entity organized and existing under the laws of the State of Colorado. Plaintiff is organized for the purposes of promoting both air flight and the general welfare of its members. Its members are the owners of the residential subdivision lots within Van Aire subdivision in Adams County, Colorado. Members use the Van Aire Airport located in the Van Aire subdivision.

Defendant FAA oversees the progress of the massive new Denver airport under construction in Adams County. FAA is organized under the Department of Transportation. 49 U.S.C. App. § 1301 et seq. While FAA functions primarily to regulate air safety, FAA also retains jurisdiction to oversee development of airspace facilities. See, 49 U.S.C. App. §§ 1349-1353. FAA regulates federally-funded facilities and facilities that receive no federal funding. 49 U.S.C. App. §§ 1349, 1350. Federally-funded facilities, such as the new Denver airport, must comply with FAA standards regarding airspace, location of landing facilities, aircraft design and maintenance, air traffic control, and the relationship between “human factors” and air safety. 49 U.S.C. App. § 1353.

Plaintiff, alleging that it will be adversely affected by the airport, requested documents under the FOIA from defendant on March 6, 1989. Defendant complied substantially with plaintiffs request, but withheld approximately 214 documents. The complaint alleges that defendant wrongfully withheld production of the documents. Defendant submitted the documents in question to the court for in camera review. The instant matter is before us on cross motions for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons set forth below, plaintiff’s motion for summary judgment is DENIED; defendant’s motion for summary judgment is GRANTED.

I.

Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed to secure the just, speedy and inexpensive determination of every action. Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). Summary judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Willner v. Budig, 848 F.2d 1032, 1033-34 (10th Cir.), cert. denied, — U.S. -, 109 S.Ct. 840, 102 L.Ed.2d 972 (1989). The plain language of Rule 56(c) mandates the entry of summary judgment against the party who fails to make a showing that is sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. Celotex, at 322, 106 S.Ct. at 2552. In reviewing a motion for summary judgment, the court must view the evidence in the light most favorable to the party [319]*319opposing the motion, and resolve all doubts in favor of the existence of triable issues of fact. World of Sleep, Inc. v. La-Z-Boy Chair Co., 756 F.2d 1467, 1474 (10th Cir.1985), cert. denied, 474 U.S. 823, 106 S.Ct. 77, 88 L.Ed.2d 63 (1985); Ross v. Hilltop Rehabilitation Hosp., 676 F.Supp. 1528 (D.Colo.1987). Only disputes over facts that might affect the outcome of the case will properly preclude the entry of summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The standard for granting summary judgment mirrors the standard for granting a directed verdict under Rule 50(a). Id., at 250, 106 S.Ct. at 2511. The summary judgment inquiry turns on whether the proper jury question is presented. Id., at 249, 106 S.Ct. at 2510.

In a motion for summary judgment, movant’s initial burden is slight. In its response, the nonmovant's burden is generally higher. In Celotex, the Supreme Court held that the language of Rule 56(c) does not require the moving party to show an absence of issues of material fact in order to be awarded summary judgment. Celotex, 477 U.S. at 322, 106 S.Ct. at 2552. That is, Rule 56 does not require the movant to negate the opponent’s claim. Id., at 323, 106 S.Ct. at 2552. The movant merely has the initial responsibility of informing the court of the basis for the motion, and identifying those portions of the record it believes show a lack of genuine issue. Id., at 323, 106 S.Ct. at 2552. This burden is discharged merely by pointing out to the court there is an absence of evidence to support the nonmovant’s ease. Id., at 325, 106 S.Ct. at 2553. On the other hand, the nonmovant has the burden of showing that there are issues of material fact to be determined. Id., at 322-23, 106 S.Ct. at 2552-53. In order to dispute the facts demonstrated by the evidence of the movant, the nonmovant must also offer evidence, and cannot rely on mere allegations. R-G Denver, Ltd. v. First City Holdings of Colorado, Inc., 789 F.2d 1469 (10th Cir.1986). Conclusory allegations will not suffice to establish an issue of fact. McVay v. Western Plains Service Corp., 823 F.2d 1395, 1398 (10th Cir.1987). When responding to a motion for summary judgment, the nonmovant must do more than provide “some evidence” in order to resist the motion. In Anderson, the Court held that summary judgment should be granted if the pretrial evidence is merely colorable or is not significantly probative. Anderson, 477 U.S. at 249-50, 106 S.Ct. at 2510-11. In Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), the Court held that summary judgment is appropriate when the trial judge can conclude that no reasonable trier of fact could find for the nonmovant, on the basis of the evidence presented in the motion and the response. Id., at 587, 106 S.Ct. at 1356.

Generally, motions for summary judgment are made by defendant.

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Bluebook (online)
733 F. Supp. 316, 1990 U.S. Dist. LEXIS 2060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-aire-skyport-corp-v-federal-aviation-administration-cod-1990.