Plan Helena and developer Alan Nicholson on Friday filed a complaint in District Court against the Helena Regional Airport Authority, claiming the airport didn’t follow the rules in negotiating a deal to lease 9 acres of land to Blue Cross and Blue Shield of Montana for a new office building.

The complaint, which also notes that the airport’s rules for property disposal were never approved by the city or county commissions, as required by state code, seeks a restraining order to prevent the airport and Blue Cross from signing a lease.

Nicholson, a longtime downtown developer, said he has no illusions Blue Cross will build a new office building downtown, but he maintained that the airport is “the worst possible place” for a new office building for 550 workers.

“It’s just wrong-headed to do it,” he said. “It doesn’t follow the growth plan, it creates sprawl, it separates businesses and homes and it requires fire and police and sewer and water and all of those things.”

Plan Helena president Dick Thweatt could not be reached for comment late Friday afternoon.

Airport manager Ron Mercer said Friday he had not yet seen the complaint, but had received a letter earlier in the week indicating it was coming.

“We continue to have a disagreement about the rules,” he said. “And we have a legal opinion that says we did it right.”

Mercer said airport officials have ongoing meetings with city and county staff to iron out its rules for property disposal, “and I’m disappointed this was filed before that was resolved.”

Another lingering question is whether a 40-year lease constitutes a disposal of property.

In seeking a new home for its hundreds of local workers, who currently occupy two separate buildings downtown, Blue Cross surveyed several properties around Helena before signing a letter of intent in late June to lease ground from the airport. The lease is to be signed by the end of the year, with lease payments to begin in January.

In addition to seeking greater efficiency by having all of its employees under one roof, Blue Cross wants a new building to alleviate long-running issues finding enough parking places.

State law says the airport authority’s rules for disposal of property must mirror those of the county. The complaint claims the airport’s rules fail that test, alleging that the rules “do not address appraisal requirements for property to be sold, terms for sale or lease agreements” among other requirements.

Nicholson said a restraining order is necessary in order to make sure the airport gets the issues surrounding its rules squared away before Blue Cross has a building permit in hand.

In an attached affidavit, Thweatt said a deal this big should be reviewed by city and county officials.

“Plan Helena believes the proposed lease of publicly-owned airport property to Blue Cross ... raises questions about effects on the larger community that should be examined by the elected governing bodies,” he wrote. “The failure of the Airport Board to obtain the approval of its regulations by these governing bodies deprives those governing bodies of the opportunity to ensure that the use and development of airport lands are consistent with the plans of the city and county for community development, land use, transportation, and capital improvements.”

Reporter John Harrington: 447-4080 or john.harrington@helenair.com.