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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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