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Balloonists lose battle to recover legal fees from farm
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A group of Coachella Valley hot air balloon operators lost their legal fight to recover legal fees racked up battling a lawsuit over flight restrictions. A Valley olive ranch had tried to ban flights above its property.
The balloonists were sued two years ago for allegedly flying too close to a ranch owned by a farming family from San Diego County. Several other balloon operators were also threatened with legal action, and the flurry of litigation froze nearly all balloon flights above the Coachella Valley.
Riverside County Superior Court Justice Randall White ruled JCM Farming does not have to reimburse two balloon operators more than $330,000 in legal fees because the case is "not in the public interest."
Attorneys for JCM Farming (owned by the couple John and Carol Marelli) had initially claimed the low flying balloons invade the privacy of residents and pose a safety risk to workers. The balloonists countered that they never fly below FAA requirements.
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JCM Farming dropped the lawsuit earlier this year after a massive media firestorm — just as it seemed the case would go to trial.
Back in January, the Desert Sun published an "investigation" on the subject, revealing JCM's history of suing a crop-duster, the U.S. Department of Agriculture, and the FAA — all over low-flying planes, and all while trying to get their own permit for a helipad.
The family shot back a response, saying that "we have been awakened as early as 6:30 a.m. to the sound of balloon burners as they drop down as low as window level of our top floor."
They later said the media had tainted their company, calling their farm "a mafia fortress" and a "compound" with more security than even "Osama bin Laden's."
"Such extra-judicial comments were made by media seeking, reckless individuals," said JCM Farming. "Our family seeks only what law-abiding citizens of our precious country are guaranteed - due process under the law."
Meanwhile, Robert Guilliland, a defense lawyer for the balloonists, has claimed that he took the case "pro bono" — "because the legal system has thus far let these poor folks down in a big way."
An economic analysis commissioned on behalf of the balloonists calculated losses of nearly $10 million dollars to Coachella Valley tourism for each year balloons were grounded.
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