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Heber City Council approves settlement in OK3 AIR lawsuit

As a milestone in the ongoing Heber Valley Airport master planning process looms, disagreements between Heber City Council members and Heber Mayor Heidi Franco have sparked discord.
Heber City
OK3 AIR provides fuel and other services to aircraft that come through the Heber Valley Airport.

The Heber Valley Airport’s fixed-base operator OK3 AIR's lawsuit filed against Heber City has reached a settlement, and city officials expect to wrap up the case and release information soon.

Ever since the FBO originally filed the federal lawsuit in 2017, Heber City staff and elected officials have kept details about the case secret and met in closed sessions to discuss it. That’s allowed under state code when litigation is pending.

In 2022, according to a staff report, the court issued an order dismissing a majority of the claims brought by OK3 AIR “without prejudice,” which allows the FBO to refile those claims in state court. Since then, the parties have worked toward a settlement the Heber City Council unanimously approved Tuesday. It’s pending until all parties sign off.

Heber City Manager Matt Brower said he hopes the city and OK3 AIR will finalize the settlement next week. Until it becomes official, he declined to discuss specifics.

“What I will tell you,” he said, “is the city's extremely pleased to have come to terms, or come to settlements, on the longstanding litigations with OK3, and we look forward to putting this behind us and working cooperatively and positively towards the future.”

Brower said the city will release details and answer questions on the case when all parties have signed all documents to make the settlement official.

Along with settlement terms, the Heber City Council also approved extensions of several leases, including hangars and the FBO office.

Maggie AbuHaidar serves as general counsel for OK3 AIR. She declined to comment on the specifics of the case but said in a statement,

“OK3 AIR is pleased that it was able to resolve its past disputes with Heber City and that the city council voted unanimously to approve the settlement. The city's further decision to approve the master plan will improve airport safety and ensure continued federal funding.”

She also said the FBO “looks forward to working with the city as it moves ahead with its plans to best serve the residents of Heber Valley and the flying public.”

This is a developing story. KPCW will provide updates as they become available.