MARQUETTE — Delta County Circuit Court Judge John B. Economopoulos Wednesday heard oral arguments on motions for reconsideration in the Marquette County v Kubick Aviation Case.

The lawsuit relates to the county’s decision to take over fixed base operator services at the Marquette Sawyer Regional Airport. Those services are currently provided by Kubick Aviation.

Economopoulos ruled that an Oct. 27 termination letter sent by the county’s civil counsel, Alex Berger, to Kubick Aviation was not a decision by a public body and therefore did not violate the Open Meetings Act.

State law stipulates that “all decisions of a public body be made at a meeting open to the public,” but the letter would not constitute a decision of a public body, because there was no record of any motion, vote or declaration by a public body prior to the letter being sent.

Therefore, Economopoulos said that while the letter does not violate the OMA, it also is not a valid termination. In November, the Marquette County Board of Commissioners voted to take over FBO services, making a decision as a public body, and in April, following Economopoulos’ prior ruling, they reissued the notice of termination.

The county’s contract with Kubick allows for a 6-month termination notice, so as it stands Kubick will continue to provide FBO services at the airport until at least some point in late October.

The lawsuit will continue, with Kubick and Mark Hangen arguing that the county additionally violated the OMA in a Nov. 10 meeting of the Airport Finance Committee, the Nov. 13 meeting of the Airport Advisory Committee and the Nov. 25 meeting of the Marquette County Board of Commissioners.

The next court date is set for Aug. 7.

Annie Lippert can be reached at 906-228-2500, ext. 550. Her email address is alippert@miningjournal.net.