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PALM BEACH COUNTY v. FEDERAL AVIATION ADM'R

No. 21-10771.

53 F.4th 1318 (2022)

PALM BEACH COUNTY, City of Atlantis, Florida, Petitioners, v. FEDERAL AVIATION ADMINISTRATOR, Respondent, Captain Errol Forman, Intervenor.

United States Court of Appeals, Eleventh Circuit.

Filed: November 18, 2022.

Attorney(s) appearing for the Case

Peter J. Kirsch, Steven Lloyd Osit, Kaplan Kirsch & Rockwell, LLP, Denver, CO, for Petitioner Palm Beach County.

Peter J. Kirsch, Steven Lloyd Osit, Kaplan Kirsch & Rockwell, LLP, Denver, CO, Kathleen Ann Yodice, Yodice Associates, Potomac, MD, for Petitioner City of Atlantis, Florida.

Cynthia Barmore, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, Mark Bury, Stephen M. Dickson, Federal Aviation Administration, Washington, DC, Emily M. Smachetti, U.S. Attorney's Office, Miami, FL, U.S. Attorney Service — Southern District of Florida, U.S. Attorney Service — SFL, Miami, FL, Abby Christine Wright, U.S. Attorney General's Office, Washington, DC, for Respondent Federal Aviation Administrator.

Alan Armstrong, Law Offices of Alan Armstrong, Atlanta, GA, David Yita Loh, KMA Zuckert, LLC, New York, NY, for Intervenor Captain Errol Forman.

Before Jill Pryor, Branch, and Ed Carnes, Circuit Judges.

Lantana Airport is a small regional airport in Palm Beach County, Florida. Captain Errol Forman is a former commercial pilot who now flies a small Cessna jet for his own personal use. Twice in May 2016, Forman landed his Cessna at the Lantana Airport. It might have been a match made in the heavens, if not for a county ordinance...

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