LAWSUIT BETWEEN CITY, CAPE CENTRAL PROCEEDS THURSDAY

Round two of the lawsuit that pits the city of Cape Girardeau against Cape Central Airways, the fixed base operator at the Cape Girardeau Municipal Airport, will occur Thursday in Scott County.

A judge heard a motion by Cape Central Airways Aug. 1 questioning the city's power to terminate a 12-year lease by way of an eviction notice. The lease began April 7, 1992.

City Attorney Warren Wells said there has not been a ruling on that motion. "There is a separate suit for damages that will be heard on the 25th of August," said Wells.

Wells said it is difficult to predict how long the legal battle between the city and Cape Central Airways might last. "The city feels it has ample grounds to proceed with the suit and it will continue to do so," he said.

The city is seeking damages of $100,000 and double rent payments of about $3,400 a month since April 25, the date Cape Central Airways was notified it was being evicted.

This was the second time Cape Central Airways was notified the terms of the 12-year lease, which began in 1992, was no longer valid.

In the lawsuit Cape Central Airways is accused of:

-- Violating terms of the lease and operations agreement by failing to provide full-time fixed base operation.

-- Failing to repair "demised premises" in accordance with the lease.

-- Violating regulations of the Federal Aviations Administration with regard to safety.

-- Not maintaining a merchant's license.

-- Failing to provide a receptionist or courtesy phone as required by the lease terms.

-- Not providing for appropriate trash pick-up and failing to keep the premises clean.

-- Failing to install an appropriate airplane fueling facility within the time required by the lease, then installing the facility without appropriate permits.

-- Not paying fees owed the city for trash pick-up.

Federal Aviation Administration spokeswoman Sandra Campbell said the investigation of allegations against Cape Central Airways is "ongoing."

Among the most serious allegations is a complaint that was filed April 23, 1994, involving a plane that was forced to land on a military reserve in Fort Knox, Ky. The plane, piloted by Cape Central Airways' Mark Seesing, is alleged to have run out of gas while in the air.

Another allegation is of Cape Central Airways pilots embarking on unsafe takeoffs, one of which occurred when the airport was closed due to heavy snowfall.

While the legal battle continues, the Cape Girardeau airport will suffer. A survey by Aviation Business Consultants showed that a poor fixed base operator will keep potential aviation customers away.

Said one company which answered the survey, "Almost all of my business is done at Cape Central Airways. They have a poor building and not enough hangar space. They need a paint shop and more tie-down parking. These are things that attract general aviation."

Another person wrote, "Please obtain a strong, well-managed FBO, one that is also financially sound."