The Circuit Court of the 1st Judicial Circuit has ruled in favor of Okaloosa County on all claims in a lawsuit filed by Timberview Helicopters, Inc., marking a significant turn in a years-long dispute over helicopter operations at Destin Executive Airport.
- In a final judgment issued on July 29, 2024, Circuit Court Judge William F. Stone granted summary judgment for Okaloosa County, concluding a legal battle that began in 2021 when Timberview Helicopters sued the county after the termination of its operating agreement.
The court’s order, filed on July 26, 2024, stated that the county’s termination of the agreement did not breach its express terms. According to the ruling, Timberview was provided with at least 60 days’ notice of termination, “far in excess of what was required by the agreement,” which stipulated only 15 days’ notice.
“The facts of this case do not in any way implicate the implied warranty of good faith and fair dealing, as the termination of the agreement was pursuant to the clear and unambiguous terms thereof and there was no breach of the express terms of the agreement by the Defendant,” Judge Stone wrote in the order.
This decision overturns a previous ruling by the Federal Aviation Administration (FAA) in February 2023, which had found that the county discriminated against Timberview on economic grounds.
The dispute originated in August 2021 when Okaloosa County terminated Timberview’s operating agreement, citing concerns over the impact of helicopter operations on safety, tourism, quality of life, and military missions.
- Prior to 2014, Timberview conducted air tours over Okaloosa County beaches and waterfront areas from off-Airport locations. More recently, the company has operated from a private helipad located on Highway 98 near Kelly Plantation Drive.
It’s important to note that Timberview is still allowed to operate from this private helipad, as the County does not have jurisdiction over the airspace. The Federal Aviation Administration (FAA) has ruled that Timberview can continue these operations. This recent court case and ruling specifically addressed the dispute over whether the County improperly terminated Timberview’s agreement at Destin Executive Airport in 2021.
The court’s decision states that Timberview Helicopters will not receive any of the relief they sought in their lawsuit. The case has been dismissed, with no further action required from Okaloosa County
Timberview will have 30 days to appeal this ruling.
One Response
Now a refund of court costs to the taxpayers can be paid back to Okaloosa Co. for legal costs.