EUREKA SPRINGS -- Silver Wings Air Field is closed.

Despite what he considered vague wording in an injunction handed down in April by the Arkansas Supreme Court, Silver Wings Field and Aviation Cadet Museum owner Erroll Severe was unable to convince Judge John Linebarger on Tuesday that he was not guilty of contempt of court for opening the field despite orders not to do so.

Competing air fields

Contention arose between Severe and adjoining property owner Tom Hammer.

Hammer sued Severe successfully in circuit court in early 2007, saying aircraft landing and taking off from Silver Wings Field passed dangerously close to County Road 207 and passed over Hammer's property, creating a nuisance.

Hammer's property hosts Hammer Field, used by members of the Dawn Patrol Squadron, a group of remote controlled (RC) model airplane enthusiasts.

Hammer argued activity at Silver Wings Field had endangered a large group of RC enthusiasts on at least one occasion.

Linebarger found Severe in contempt of court for having continued to make the field available for use following the Supreme Court ruling.

Severe 'demonstrating' safe use of field

Severe argued recent use of the field was an effort on his part to meet the wording of the April 17 ruling, which said, "The circuit court further ordered that the injunction was to remain in effect until such time, if any, that ACM could demonstrate to the court that it could operate its airfield in a manner that would not constitute a nuisance, would not trespass on the Hammer property, and would otherwise be operated in conformity with the law."

Severe argued unsuccessfully he had reopened the field and was instructing pilots to enter and leave the field in such a way they would not pass over Hammer's property.

'Demonstrate in court,' not in reality

Linebarger told Severe he should have petitioned the court to say he had found a way to use the field without encroaching on Hammer.

"You can't just go out and start doing things, Mr. Severe," Linebarger said. "You have to give [the other side] a chance to respond."

Severe said he had "unofficially" been given bad advice by his former attorney.

Linebarger pointed out the bad advice did not give Severe the right to go against the court ruling.

In the end, Linebarger was unconvinced by Severe's arguments and found the defendant in contempt of court.

Willful contempt charged

"It is very clear to me that you are in willful contempt of court," Linebarger told Severe. "Even after the state supreme court ruled, you have continued to keep the airfield open."

Severe was instructed to notify the FAA, Fly Low magazine (where he had advertised airfield events previously), and the general public that the airfield was closed.

He was also instructed to pay Hammer's attorney's fees.

More sentencing possible Sept. 8

Linebarger instructed Severe to reappear before him Sept. 8 for sentencing.

"I may impose further sanctions at that time," Linebarger said. "I am taking into account that you say you misinterpreted the court ruling. This is the sort of decision -- finding someone in contempt -- that no judge likes to make."