Judge sides with NLR airport in banning tenant

A man described by his detractors as the bully of the North Little Rock Municipal Airport was banned for five years from the city-owned facility by Pulaski County Circuit Judge Chris Piazza on Wednesday.

Piazza’s ruling upholds an earlier decision by the seven-member airport commission to bar Nicholas “Nick” Franke, who owns part of one airport hangar and leases a second, after years of complaints they said they received about his raucous, rude and rough conduct.

Airport Director Clay Rogers testified that the commission had never previously had to deal with a problem tenant. Franke’s behavior had been a growing concern for years, Rogers said, telling the judge that he had compiled “a long list that prompted a real safety concern.”

“Each incident built up and led me to believe it was a real safety issue,” Rogers testified. “The airport will be safer without him there.”

Commissioners imposed a temporary ban on him at their November meeting, voting unanimously to extend the prohibition after hearing from Franke’s accusers at their December meeting. He can apply for re-admission after two years.

Franke had challenged the legality of the commission’s action in an appeal to circuit court, claiming that the commission acted without sufficient proof of wrongdoing and didn’t give him a chance to defend himself.

North Little Rock City Attorney Jason Carter, representing the commission, asked the judge to recognize the commission’s duty “to protect the safety of the people who use” the airport and “to ensure their comfort,” even though the process for handling problem tenants is not completely defined.

“We hope you agree with us that Mr. Franke has no

place at the North Little Rock airport, and there needs to be a cooling-off process,” he told the judge.

Piazza, ruling after hearing testimony from four of Franke’s accusers, said the process “could have been handled better,” but the conditions of Franke’s lease and the rules and regulations of the airport provided commissioners with sufficient authority to impose the ban the way they did.

He also said he believed the witnesses were telling the truth about their experiences with Franke. Among the evidence presented was a police photo showing bruising on the neck of one of Franke’s business partners that the man and his girlfriend told the judge was the result of an attack by Franke.

“It’s pretty obvious these folks are not making this up. They’re telling the truth,” Piazza said to conclude the fivehour hearing. “I agree with [the commissioners’] pronouncement and their judgment.”

Testifying Wednesday, Franke denounced the commission proceeding as a “kangaroo court” that wouldn’t allow him to question his accusers.

“I’ve been unfairly accused and denied my property,” he testified.

Franke said he learned about the November ban only when police escorted him off the property. He said he was ar-

rested for trespassing after the long-term ban was approved when he tried to retrieve the equipment, tools and planes he uses to make a living as an airplane mechanic.

The airport has been uncooperative in arranging for him to collect his possessions, he said. The prohibition is keeping him from earning a living, Franke told the judge.

Franke denied any misconduct, testifying that his accusers were lying or exaggerating. He said he had not inflicted the bruises in the photo, although he had scuffled with the man previously in self-defense.

Franke has never been arrested or charged over the accusations, said his attorneys Joshua Eason and Patrick Melickian.

Two of Franke’s former business partners, Tom Dennison and Shawn Busbea, testified against him.

Eason and Melickian suggested that the men were motivated by the ill will over their shared business dealings. The three owned a hangar together as Central Arkansas Tailwinds LLC, which has since been dissolved.

Melickian told the judge that airport commissioners acted unfairly because they have no written policy for conducting a hearing to kick a tenant off the property. Commissioners also have set no standards for what constitutes improper behavior on the premises and haven’t established a procedure to investigate complaints against tenants, he said.

Melickian called the commission hearing a “Mickey Mouse” proceeding that violated his client’s rights to due process.