The HOA Paved Over His Private Airstrip — Then He Asked One Question She Couldn’t Answer

Chapter 5

Theme:
Font Size:
24px

The HOA paid within 60 days. I did not feel triumphant when I read the order. What I felt was something closer to the feeling you get when a long calculation finally resolves. Not surprise because the arithmetic had always been there, but a settled recognition that the numbers had come out the way they were always going to come out. The record had been correct since 1983.

Everything since April of 2019 was simply the process of getting the record read in the right room by the right person. I drove home past the eastern fence line with its cedar posts, past the stock pond my father built, past the equipment shed where my grandfather's old transit still sits on a shelf because I have never been able to bring myself to throw it away. I pulled into the yard and stood for a moment in the afternoon light. The airstrip was quiet. The wind sock moved in a small, easy circle.

Everything was exactly as it had always been, and the record now said so in 14 pages signed by a district court judge and filed permanently in the court records of Ridgerest County. I went inside and made coffee. What I did not understand in the weeks after the September hearing was that Diane Cowworth had not finished. I should have anticipated it. I had watched her operate for 5 months and observed that she was not a person who revised her understanding when evidence contradicted it.

She was a person who looked for a different angle. The injunction prohibited her from asserting jurisdiction over my parcel. It did not prohibit her from working through other channels. Earl brought me the first indication in late October, 6 weeks after the hearing. He sat at the kitchen table and told me that Diane Cowworth had appeared before the county commissioner at a public meeting and argued that the private airstrip constituted a public safety hazard, that the county had an obligation to act where the court had declined to, and that the board had a legal obligation to the community.

She had presented photographs and a document she described as a noise impact study, though Earl said it looked to him like a printed spreadsheet with some numbers on it. Gerald pulled the relevant statutes. The county's nuisance abatement authority under chapter 342 of the Texas Local Government Code applied to conditions constituting a danger to public health or safety, structures in disrepair, hazardous waste, that sort of thing. A registered FAA compliant private airstrip operating exactly as it had for 22 years without incident did not meet that standard. Gerald said so in a letter to the commissioner's office dated November 4th, 2019 attaching the FAA registration, the county zoning records, and the September 9th injunction.

The commissioner's office declined to act. The airstrip was not a nuisance. The record said so. I went through the winter of 2019 and into 2020 with the reasonable expectation that Diane Cowworth had exhausted her angles. I flew my Cessna 182 in and out of 7 TX4 on the schedule I had always kept.

I hauled cattle. I maintained the fence line. I replaced three cedar posts on the northern boundary that had finally given way after decades of service, setting the new ones in concrete the way my grandfather had set the originals. Deep, plum, and with the expectation that they would outlast the person installing them. In the spring of 2020, the Mesa Pines HOA held its annual election.

Diane Cowworth was reelected president. I noted it. I did not dwell on it. The injunction remained in place regardless of who held the board's presidency, and the injunction was what mattered. What happened next did not happen through the HOA.

That detail matters to the sequence of events and to the question of responsibility that would eventually be settled in a different courtroom. What happened next happened through a contractor. His name was Brent Aldridge, and he operated a paving and site-preparation company 40 miles south of Ridgerest County. He had paved the Mesa Pines subdivision roads in 2014. In the late summer of 2020, he was engaged by the HOA board to perform what the board's resolution described as access road maintenance and surface improvement along the recorded easement corridor on the southern boundary of the Mesa Pines development.

That was the language in the board resolution which I would obtain later through discovery. The resolution did not mention my property. It did not mention the airstrip. It cited the recorded easement which the September 2019 injunction had already found granted ingress and egress only. I was not home when Aldridge's crew arrived.

I had flown to Lubbock to pick up a hydraulic pump for the tractor, and I had left the ranch with my regular hand, Thomas, who had worked for me for 11 years and knew the property as well as anyone alive. Thomas called me at 11:40 in the morning. A crew of six men had come in on the access road with two paving machines and a dump truck loaded with asphalt, and they had turned off the easement corridor and onto the approach end of the airstrip before he could reach them. They had been working approximately 40 milesnutes by the time he got to them on the four-wheeler. The northeast end of the airstrip, approximately 600 feet of compacted turf surface, was already under a 2-inch layer of hot asphalt.

I sat in a parking lot in Lubbock for a moment. I will not try to quantify. I was not angry. I want to be clear about that. What I felt was something colder and more focused.

News in the same category

The HOA Paved Over His Private Airstrip — Then He Asked One Question She Couldn’t Answer

7 Part