County delays airstrip decision

Concerns raised by neighbors caused the Douglas County Commission on Wednesday night to delay deciding whether to grant a conditional-use permit for a grass airstrip on private property.

James Butell said he wants the permit so he can continue flying for pleasure at the airstrip he’s had for the past few years at 593 E. 1250 Road in southern Douglas County. But neighbors Joe and Thea Richard want the permit denied because of safety concerns and disputes they’ve had with Butell.

In a letter to commissioners, the Richards said Butell “is not above using his airplane as a tool of intimidation” against those he thinks have crossed him. The Richards noted that they had been in a lawsuit involving Rural Water District No. 2 and Butell. They said the water district supported their side. They said they heard that Butell had flown his plane over water district employees working on the job and that such intimidation tactics are grounds for denying the county permit.

The Richards also described other incidents with Butell and questioned whether his age and health could cause him to crash a plane onto nearby U.S. Highway 59 or into their house. They said Butell could fly his plane for pleasure from Lawrence Municipal Airport.

Butell, who attended Wednesday’s meeting, angrily argued that flying a plane was safer than driving a car and stated that “no plane had ever crashed” on U.S. 59 or in Douglas County. He also said he had a right to fly over people on the ground.

“There is no restriction on that as long as I’m at my altitude,” he said.

Commissioners Bob Johnson, Jere McElhaney and Charles Jones voted to delay a decision for up to six months until the county counselor could review the “extemporaneous issues” involving Butell to determine if they should be factors in the permit decision. Butell, however, will be able to continue to fly during that time. A report from the Douglas County Planning Department recommended approving the permit because Butell had met all the requirements. He also is compliant with Federal Aviation Administration requirements.

Butell has not had a permit for the airstrip that was built in 1999. Several months ago, commissioners asked that private airstrips in the county be checked to see if they had permits. Four airstrips were found to not have permits, including Butell’s.