Indio olive farm trying to move hot air balloon lawsuit out of Coachella Valley

A legal battle between hot air balloonists and a Coachella Valley olive farm could move to a federal court in Riverside.

A judge will decide Wednesday whether attorneys for the farm can add the federal government to its lawsuit. The balloonists say it’s just a ploy by the olive farm to delay a trial it can’t win.

The plaintiff, JCM Farming, runs an 80-acre olive ranch near Indio. Three years ago, it sued 15 hot air balloon operators, claiming they violate Federal Aviation Administration rules that prohibit flights within 500 feet of buildings.

They claim low-flying balloons invade their privacy and pose a safety risk to workers. The FAA investigated and found no violations.

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Now JCM wants to add the U.S. Department of Transportation to its lawsuit. If a Superior Court judge allows it, the case would be punted into federal court.

Attorney Robert Gilliland represents the few Valley balloon operators still flying in the area. "I think this is a forum shopping attempt by the plaintiff and also a stalling tactic, absolutely," Gilliland says.

The threat of lawsuits has grounded virtually all balloon flights above the Valley.

Gilliand says he isn't surprised by JCM's suit, "JCM did this exact same maneuver on another case in the Valley. They filed against a light pest control operator and as it was coming a month or two before trial, they then named the FAA and the Secretary of Agriculture as a defendant which removed the case to federal court and it vacated all the trial dates thereby causing delay.”

Judge Randall White has already denied JCM’s request to move the case out of the Coachella Valley. He says no to a gag order, too. JCM’s attorneys have not responded to several interview requests. In a written statement last week, the company complained that it was being vilified in the media - and that it would be vindicated in court. A trial in Riverside Superior Court could start in November.