Olive Farm Files To Dismiss Balloonist Lawsuit
The owner of a fortress-like property in the Coachella Valley has filed court papers to dismiss its lawsuit against local hot-air ballooning companies, attorneys said today.
JCM Farming sued 15 Coachella Valley balloonists and ballooning companies in March 2009, alleging they violated JCM’s property rights by flying over the walled compound near Jackson Street and Avenue 54. On Aug. 11, an attorney for the owners filed papers to dismiss the balloonists and three federal defendants from the lawsuit. Those parties were added to the litigation July 19.
“They voluntarily dismissed the action,” said balloonists’ attorney Robert Gilliland. “The action in state court appears to be done.”
JCM attorney Andrew Rauch was not immediately available for comment. In the past, he has declined to comment on the case outside of court.
“The dismissal of the lawsuit will enable hot-air balloon flights to immediately continue throughout the Coachella Valley into the future,” Gilliland said. He and balloon operators plan to discuss the case at 10:30 a.m. Wednesday at the Larson Justice Center.
The defendants got a court order to inspect the property this week, but that was canceled in light of the lawsuit being dropped.
JCM, based in Solana Beach, owns farms across the state and wanted flights over the former 80-acre olive farm southwest of Indio banned. It also wanted and balloons at altitudes no less than 1,000 feet in an area from Avenue 52 south to Avenue 56 and from Monroe Street east to Calhoun Street.
The lawsuit had effectively ceased all ballooning in the Coachella Valley, forcing companies out of business, attorneys for the defendants said.
On Aug. 10, a judge denied a motion to strike the Department of Transportation and Transportation Secretary Ray LaHood as defendants to the suit. Adding federal defendants could have moved the case out of the Coachella Valley to U.S. District Court, likely in Los Angeles, Gilliland said.
The federal parties were being sued because the Federal Aviation Administration reviewed information about the balloon flights; “established an unlawful standard of review to allow balloons to fly impermissibly low over the property”; met with balloonists and their attorneys to discuss litigation strategy; and had a”policy of giving the balloonists `a pass’ to violate (JCM’s) rights,” the plaintiffs’ court documents alleged.
