Pegasus Lawyers Call Green Cove Councilors as Witnesses
Four of Five Are on Opposing Side's List for a Trial That Starts Tomorrow
Four of five Green Cove Springs city councilors are being called as witnesses for the companies suing the city over a proposed apartment complex on Highway 17.
Councilors Edward Gaw, Connie Butler, Steven Kelly and Thomas Smith (above) are on the witness list for Pegasus Technologies and Reynolds Industrial Park for a two-day trial beginning tomorrow. The fifth city councilor, Matt Johnson was not called, though he did vote with the majority to approve the apartment plan.
After the trial, Circuit Judge Don Lester will decide whether the city’s approval of the 260-unit complex should be reversed. Pegasus, an aviation firm that rents a runway from Reynolds, sued the city and the owner of the parcel, arguing that the four-story buildings in line with the runway will create a safety hazard and noise nuisance.
They have also argued that the city’s decision to annex the property from Clay County and rezone it to allow a residential use would create a “spot zone” for the benefit of the Virginia Hall family, a local political dynasty.
The city is arguing that they were not required to consider whether apartment created an “airport hazard” because Reynolds Air Park is not actually an airport under the state definition, even though it is home to several aircraft and reportedly receives visiting aircraft on a regular basis. The city argues that because a private airport does not fit the definition, state-mandated hazard planning does not apply.
For more stories on the lawsuit visit the Green Cove Springs Substack website.
Co-plaintiffs Pegasus and Reynolds Industrial Park are also calling as witnesses Reynolds Director Ted McGowan, City Planning Director Michael Daniels, Michael Herzberg and Andrew Holesko.
Hertzberg is vice president of development for Sleiman and an expert in land use, planning and and zoning. Holesko is CEO of Passero Associates and an expert in airport development and planning.
For the City
The city’s witness list includes Daniels, McGowan and Holesko. It is also calling Michael Arnold, Harold Eiland and Jeff Heyse.
Arnold is senior vice president of Environmental Science Associates and an expert on airport planning and development including aircraft noise and related environmental assessments. Eiland of Eiland & Associates is an expert who, according to the city’s lawyers, is expected to testify about:
…the dimension of the Reynolds Park runways, distances between the runways and the property that is the subject of the Comprehensive Plan Amendment at issue in this proceeding, as well as the characteristics of the natural features in the area between the runways and the subject property.
Heyse is director for administation for Pegasus Technologies. Notably, as an Air Force captain, Heyse was the executive officer for the 99th Air Base Wing at Nellis, and executive officer for the Thunderbirds aerial demonstration team.
For the Halls
The witness list for the Hall family also includes Arnold, Daniels, McGowan, Heyse and Holesko. Another Hall witness, Susan L. Fraser is president of SLF Consulting and a professional planner. She is expected to testify about the rezoning and its consistency with the city’s Comprehensive Plan.
According Green Cove City Manager Steve Kennedy, the city has spent $145,000 so far on outside lawyers for the case. He did not say how much more has been billed but not yet paid.