A judge ordered the temporary takedown last month after Salt Lake City, which owns the Tooele airport, sued the flagpole’s owners and the city of Erda in July.
Officials alleged the pole was a safety hazard that hindered flights in and out of the airport from dusk until dawn.
The Kunz family’s attorneys argued in response that Salt Lake City has “no right to occupy or use any portion of the Landowners’ property, [and] aircraft pass over the Landowners’ property on a daily basis.” Neil Kunzthat “I call [the flagpole] our fence. I never in my life thought I would need to build an 80-foot-high fence to protect my property.”
Kunz family attorneys also argued that Salt Lake City had “expressly suggested, on many occasion, aircraft were not using the airspace above [the Kunz’s] property.” They cited earlier court filings in a separate case, including an instance where Salt Lake City said “aircraft using [Tooele Valley Airport]’s instrument-landing system do not invade the physical space over the property of the Kunz Parties.
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