JCM Farming Inc., located off Avenue 54 between Monroe and Jackson streets south of Indio, is an 80-acre olive farm at the center of a no-fly controversy. / Submitted photo
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An east valley olive ranch has now extended its legal battle against local hot-air balloonists to include balloon sponsors, nearby landowners and balloon customers.
JCM Farming Inc. of La Quinta and Solana Beach on Thursday added Windermere Real Estate and its executive assistant, Paige Tyley, as defendants in its lawsuit against 15 other balloon companies or individual balloonists.
Windermere has historically promoted itself on hot-air balloons.
And Dennis Barrett, one of the balloonists named in the lawsuit, said a couple who flew with his Temecula-based Magical Adventure Balloon Rides was recently subpoenaed by JCM to provide witness testimony and evidence.
Barrett said JCM learned who his customers were through depositions and securing log books and business records through court orders.
“It's the whole reason we stopped flying there — the fear that we were going to put these people in harm's way,” Barrett said. “We don't want somebody going for a $200 ride with us getting embroiled in a $150,000-plus lawsuit.”
John Zimmer, who owns a 10-acre ranch just south of the JCM property, said he also received a subpoena last week in which JCM ordered him to bring all photos and documents he has related to JCM ranch.
Zimmer has in recent weeks attempted to organize neighbors against JCM's request to the county officials for a private helipad on its property that would allow multiple helicopter flights per day.
“I think they just want to make life hard on me because I've been a vocal critic of this helipad,” Zimmer said.
Calls to Windermere Real Estate were referred to Tyley, who did not return a message seeking comment.
JCM Farming attorney Andrew Rauch declined to comment on the added defendants and subpoenas.
Privacy concerns
JCM claims in its suit that the balloonists are causing a nuisance by flying too low over its 80-acre olive farm, Oasis Ranch, off Avenue 54 between Monroe and Jackson streets in an unincorporated area south of Indio near the upscale Vista Santa Rosa community. The low flights cause a danger to those inside, and noise and privacy concerns, JCM contends.
The Federal Aviation Administration twice investigated JCM's complaints, found insufficient evidence and closed the matter. Now JCM is also suing the FAA in federal court.
The olive farm's lawsuits have stopped virtually all low overflights of JCM property, which has been described in court documents as “a fortress-like structure” complete with 24-foot-high, 4-foot-thick security walls with what appear to be guard turrets and an encrypted security gate that warns that trespassers will be met with “armed response, guard dogs and no exit.”
An earlier lawsuit filed by JCM said the ranch “is intended to provide a secure meeting place and retreat for VIPs, dignitary (sic) and other notable individuals and/or the companies they represent,” as well as unspecified “research and development of a highly confidential nature.”
Rauch earlier declined to discuss what goes on inside Oasis Ranch's walls.
“I'm not going to confirm or deny what we're doing out there, because it's our private business,” he said, adding that the farm's operations are in compliance with the law and county agricultural zoning.
Rauch on Monday disputed assertions that the company is attempting to shut down all local ballooning activity.
“We don't have any issue with people flying anywhere else, or flying over at more than 1,000 feet,” he said.
But another valley balloonist, Will LaPointe of Balloons Above in Indio, said he received an e-mail from a JCM attorney on Jan. 20 demanding his balloon company stop “dangerous flight activity” occurring over the olive ranch.
The e-mail also included a proposed settlement for LaPointe to sign, in which he would agree not to operate balloons over JCM's ranch at any time, or any altitude.
The agreement called for no flying lower than 1,000 feet in a larger area from Avenue 52 south to Avenue 56, and from Monroe Street east to Calhoun Street. No flying could occur in that area at any height before 9 a.m. or after 6 p.m., according to the proposed agreement.
Each violation of the agreement's terms would result in a $10,000 fine. And LaPointe also would be prohibited from “any statements, written or verbal, that defame, disparage or in any way criticize the personal and business reputation” of JCM Farming, its employees, directors and officers.
LaPointe said he has no intention of signing.
“It is so asinine that I felt like answering it in crayon,” he said.
LaPointe said he started his local operation officially last month. Knowing about the lawsuits against balloonists, he said he's “completely avoiding” JCM's property. He offered to agree not to intentionally fly over the olive farm, and to take his balloon “as high as possible” when winds force him over it.
LaPointe said he now expects to get pulled into the lawsuit, and has halted local flights.
“I'm here with my handicapped son in the winter months, trying to make a living,” he said.
“They're about ready to destroy my livelihood, his livelihood just because of their privacy, which I have not been violating.”
