Legal challenge filed to airport name
A challenge to the January action taken to change the long-standing name of The Connellsville Airport to one that paid tribute to a county commissioner was issued both verbally and legally Tuesday at the Fayette County Courthouse. As Uniontown readied for an evening parade to mark Americanism Day, approximately 30 people cheered as Connellsville Councilman Brad Geyer announced that on behalf of the residents of Connellsville and other supporters throughout the county, he would challenge the Fayette County Airport Authority resolution to rename the county landmark for Fayette County Commissioner Joseph A. Hardy.
“This is truly a David and Goliath battle, but it is a battle I believe in and am ready to fight,” he said, as supporters held signs that encouraged voters to “say no” to Hardy and Fayette County Commissioner Vincent A. Vicites and “yes” to The Connellsville Airport when they go to the polls May 15. “We will not stand by to watch those who have no respect for Connellsville dirty its good name.
“The city bought and paid for our name to be on the airport long ago, and now we are being robbed of that right.”
Hardy, Vicites and Fayette County Commissioner Angela M. Zimmerlink are seeking re-election to their county posts.
In the suit, filed by Geyer’s legal counsel, attorney Maria Balling-Peck, he claims that the authority breached the May 18, 1936, contract between the city and county that would name the new municipal airdrome and aviation landing field for Connellsville after it had provided a sum of money to purchase the land for construction of the facility.
When the airport authority was created in 1965, according to the lawsuit, “(the authority) was legally bound to follow the terms of the 1936 agreement, which specifically limited the terms of the sale of the airport, which included maintaining the name of The Connellsville Airport.”
Authority solicitor Mark Rowan responded to the suit, stating that the board of directors was not prohibited in taking action to change the airport name.
“That unrecorded (1936) document is simply not going to be able to control the incident of title,” he said. “If the city wanted that (naming) restriction to run with the land, then it needed to be in the deed to the airport authority and it wasn’t.
“When they conveyed that property without referencing that restriction in the deed, that restriction in the (1936) agreement was extinguished.”
The suit also alleges that the authority violated the state Sunshine Law by not providing notice to the public or any Connellsville council members.
However, the authority did publish a notice in the Herald-Standard on Jan. 5 to notify the public of the meeting to be held the following day at 8 a.m.
Rowan said the claim is erroneous.
“They don’t like what was done, so they are going to criticize how it was done,” he said. “The requirements of the statute were met.”
Rowan added that although the name, The Joseph A. Hardy Regional Airport was approved at the January meeting, it was revised to The Joseph A. Hardy – Connellsville Airport at a regular meeting of the authority held in February with several Connellsville residents in attendance.
“Whatever happened at the January meeting is of no relevance and is not of issue,” said Rowan. “Why are we wasting time arguing whether the January meeting was sufficient?
“It is just a smoke screen and waste of time.”
Rowan of Connellsville questions why the city would support such an initiative when there are “so many” more important and critical issues facing it at the present time.
“What’s going to happen with the Aaron’s building given the legal problems of its current owner?” he said. “What are we going to do to redevelop the dilapidated buildings along South Pittsburgh Street?
“There are a lot of important, legitimate issues facing Connellsville; it is a shame it is wasting valuable time, energy and limited resources on this name.”
Geyer, meanwhile, said the effort is worthy.
“It is vital for the city to keep its name alive beyond our borders,” he said. “It will help attract tourism to Connellsville and business that we all know is greatly needed.”
Karen Hechler, Connellsville Historical Society president, said that Connellsville’s history was disregarded when the authority renamed the airport.
“We do not appreciate our history being degraded and demeaned,” she said.
Hechler said that throughout her tenure with the society, its founder, William Balsley, advocated that Connellsville should be attached to the airport name because without the city’s financial support, the facility would not have existed.
Dr. Evelyn A. Hovanec, associate professor emerita of English and American studies, participated in the rally and noted her appreciation for the challenge being mounted by residents.
“It is good to see someone standing up for what is right,” she said. “The way (the name change) was accomplished was a major detriment to the county.
“What it reflects is the way business is being done, as usual, in Fayette County; somebody with the power owns us.
“A small sliver of Fayette County has now stood up and said ‘you don’t own us.'”
Geyer said that Connellsville residents and others throughout the county are united in the cause, but the challenge will be costly. To defray the expected legal fees, a fund-raising meeting will be held May 17 at the Connellsville Municipal Building beginning at 7 p.m.
“We should all realize the other side has unlimited funds to try to justify the name change,” Geyer said. “Unfortunately, I do not.”