80 B.R. 240 (1987) In Re David SHANE and Helen B. Shane, Debtors. Joseph LEONE and Nancy Leone, Plaintiffs, v. David SHANE and Helen B. Shane, Defendants. Bankruptcy No. 87-01118-BKC-SMW, Adv. No. 87-0389-BKC-SMW-A. United States Bankruptcy Court, S.D. Florida. December 11, 1987. As Amended January 8, 1988. Patricia A. Redmond, Miami, Fla., for defendants. Marte Singerman, Miami, Fla., for plaintiffs. FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO HELEN B. SHANE SIDNEY M. WEAVER, Bankruptcy Judge...
This case arose from an application for site certification of an airport filed with the Department of Transportation by Robert Sarra. The application sought site approval of a private airport for ultralight aircraft, to be located in Lake County, pursuant to Section 330.30, Florida Statutes, and Chapter 14-60, Florida Administrative Code. A public hearing was held by the Department in Lake County, in accordance with Rule 14-60.005(8) and written comments were received by the Department. Site Approval Order No. 91-35 was issued October 3, 1991, subject to a request for a proceeding pursuant to Section 120.57, Florida Statutes. Maurice Uchitel, owner of adjoining land, filed a request for a hearing and this matter was referred to the Division of Administrative Hearings for hearing. Mr. Uchitel's concerns were that the airport would be a noisy nuisance and create a danger to his property because of the experimental nature of ultralight aircraft. The DOT and Mr. Uchitel jointly presented proposed findings of fact which were read and adopted.Ultralight airport approved; ultralights foung not to constitute noisy nuisance or hazard.
