Frye : The mayor has the authority to direct his staff to enforce the stop work order and I'm asking him to do that to enforce the public safety.
The building exceeds the FAA's 160-foot height limit by 20 feet. Sunroad originally told the FAA it would construct the office tower at 160 feet but later decided to build out to 180 feet after getting a permit from the city.
Frye : They are continuing to work. And it's not acceptable. It's very clear to me that their objective is to complete the building before this can go to court.
City Attorney Mike Aguirre has filed a lawsuit against Sunroad. He wants a judge to order Sunroad to lower the building's height. If the case goes to court, local pilot and attorney Gerry Blank says he believes the city will prevail.
Blank : Because the paper trail is unmistakable. In April of 2006, when they told the FAA they wanted to build to 180 feet, the FAA said no that will be a hazard. In June of 2006, they said we'll keep it lower at 160 feet which does not violate the critical airspace and then behind the FAA's back, Sunroad went ahead and built to the higher level -- that's the epitome of corporate arrogance.
Blank believes if the Sunroad Office Tower's height is not lowered, the lives of people inside and near the building as well as those flying in airplanes will be in danger.
Blank : The risk is that an airplane will hit it and there will be a disaster, a very horrible disaster for all concerned.
Mayor Sanders would not respond directly to Frye's request that he enforce a stop work order against Sunroad. But Jim Waring of the city's land use department says by allowing Sunroad to continue construction, the city is lowering its financial exposure in a potential lawsuit by the developer.
