Associate judge Cathleen Campbell of the Superior Court for the County of Norfolk, Massachusetts, has dismissed counterclaims by Boston Executive Helicopters (BEH) of alleged trespassing on January 21 by a FlightLevel Aviation fuel truck. The ruling is one of several recent actions in the Norfolk court between these two FBOs regarding their competing rights to leaseholds, licenses, and other areas of access at Norwood Memorial Airport (KOWD) in Massachusetts.
Campbell also allowed the standing of a temporary injunction "ordering BEH to refrain from interfering with FlightLevel's rights associated with access to its fuel farm." She added: "There is little doubt that the granting of this preliminary injunction burdens BEH. But in assessing the equities of the dispute, the harm to FlightLevel in terms of its need for access to its fuel farm outweighs the injury this preliminary injunction places on BEH at this time."
Meanwhile, a special jury found BEH liable earlier this year for a number of "negligent and willful" actions in 2014 and 2015 "intended to do injury or harm" to FlightLevel, in addition to "unfair business practices causing loss of money or property to FlightLevel." The jury awarded $13,757 in compensatory damages to FlightLevel, with other restitution pending. This trial stemmed from BEH’s 2016 lawsuit against FlightLevel asserting several offenses, all of which were dismissed in a summary judgment.