MARQUETTE - After a ruling Friday by Marquette County Circuit Judge Thomas Solka, a Ukrainian military jet that landed at Sawyer International Airport last year will stay grounded - at least for a little while longer.
The Ilyushin IL-78 tanker jet has been parked at Sawyer since it landed there July 17, 2009. The jet was making a fuel stop at the former U.S. Air Force base en route from Texas to Pakistan.
A legal dispute has been ongoing over non-payment of $63,910 for goods and services. In March, Solka issued an order granting a final default judgment and damages to maintenance company Air-1 Flight Support of Grayson County in Texas.
Air-1 requested damages from plane owner Tactical Air Defense Services Inc. of Florida and Air Support Systems LLC, which leased the aircraft.
Solka's order found in favor of Air-1 in the amount of $71,046, which included reimbursements of $3,436 to Marquette County and $3,786 to Boreal Aviation Inc. for storage and services.
"The plaintiff (Air-1) is authorized to take possession of said aircraft and may move it, remove it to Texas and may sell it in any commercially reasonable fashion as a set-off against the terms of this judgment," Solka wrote in his March order.
The jet was recently sold for $60,000 to Temco Ltd., a Delaware corporation that plans to scrap the plane. But attorneys for Air Support argued Friday the plane is worth $4 million to $6 million. They wanted a post-judgment evidentiary hearing held to determine whether the plane was sold in the "commercially reasonable" fashion Solka had previously ordered.
In addition, Headlands Ltd. of Gibraltar, Spain, wanted to intervene in the case and argued before Solka Friday, saying it had a $1 million lien on the plane.
After arguments, Solka ruled that a temporary restraining order will bar moving the plane until 4 p.m. Aug. 27. Solka has temporarily set aside the sale of the jet to Temco and decided Headlands Ltd. may intervene and be an involved party in the case.
Solka made no finding on the value of the plane.
Solka will allow Air Support first opportunity to pay $63,910 to the court clerk's office, which would be held in an escrow account. A deadline of 4 p.m. Aug. 13 was set to do that.
If the company pays the money and it has a crew certified to fly the aircraft and Federal Aviation Administration approval, the jet can be moved to "a more secure and appropriate" location in the continental U.S., Solka said.
If Air Support does not pay the money by the deadline, Solka will offer a similar opportunity to Headlands Ltd., with a 4 p.m. Aug. 27 deadline set for them to respond. If that company does not act on the opportunity, the order grounding the plane will be lifted at 4 p.m. Aug. 27 and the sale to Temco stands, Solka said.
Solka set a one-day hearing for 9 a.m. Nov. 17 to judge the reasonableness of the sale to Temco and decide the disposition of the escrow funds, if paid.
"I'm encouraging relocation of the aircraft," Solka said.
One model of the IL-78 on the Internet shows this cargo jet has a 165-foot wingspan, 152-foot length, top speed of 530 mph and a range of 4,550 miles. During its Soviet Union heyday, it could carry 152 tons of fuel.
There are reportedly only 34 remaining in the world. Solka said FAA records show the last flight of the jet at Sawyer authorized was May 5, 2006, when the aircraft was flown from the Ukraine to Texas.
John Pepin can be reached at 906-228-2500, ext. 206. His e-mail address is jpepin@miningjournal.net.