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NORTHEN, LITTLE & BAGWELL <br /> ATTORNEYS AT LA' ' <br /> 431 W FRANKLIN STREET <br /> CHAPEL HILL. N C. :2514 P 0 BOX 21 <br /> JOHN A NC)RTHEN <br /> 1 ANDERSON LITTLE 1919) 942-415 <br /> (0. KENNETH BAGWELL JR. 19191 942 852, <br /> CHARLES H THIBAUT January 28, 1983 <br /> Mr. Richard Whitted, Chairman <br /> Orange County Commissioners <br /> Orange County Court Rouse <br /> Hillsborough, NC 27278 <br /> re: Midway Airport <br /> Buck Mountain Development Co. <br /> Dear Mr. Whitted: <br /> By letter dated October 5, 1982, the Orange County Planning <br /> Department notified us of the specific conditions which will become <br /> a part of a Special Use Permit for Midway Airport. Upon receipt of <br /> this letter, we reviewed the conditions with the members of the Buck <br /> Mountain Development Company, and made inquiries to the adjacent <br /> land owners concerning the availability of over-flight easements as <br /> required by these conditions. At this point, and for the reasons <br /> set forth below, we now formally petition the Orange County <br /> Commissioners to reconsider the conditions set forth in the letter <br /> dated October 5, 1982, in connection with the Midway Airport Special. <br /> Use Permit, and modify certain of those conditions as indicated <br /> below:` <br /> 1. The first imposed condition provides that jet aircraft <br /> are not permitted at the facility, and that the owners shall notify <br /> the Department of Commerce of this restriction. This condition is <br /> generally in accord with our application, and we have no objection <br /> to it. <br /> 2. The second condition requires us to own or control the <br /> height of objects in the approach-departure zone as sketched in the <br /> letter, which begins 200 feet from the end of the runway, and <br /> extends a distance of 5,000 feet, fanning to a width of 2,000 feet. <br /> We have contacted the owners of all the property located within the <br /> approach-departure zone as indicated on both ends of the runway, and <br /> with very few exceptions have been refused such easements by the <br /> property owners. In order to meet this condition, we would have to <br /> have the voluntary consent of the owners of the property, giving us <br /> a written, recordable easement or right-of-way to come onto their <br /> property and limit the height of any objects thereon, whether the <br /> objects be natural or man-made. Without the consent and approval of <br /> the landowners, we are completely unable to comply with this <br /> provision, through no fault of our own, and we do not have the power <br /> of eminent domain to force such compliance. <br />