Efforts by the city of Fernandina Beach to evict McGill Aviation Corp., the city airport's fixed-base operator, have been stopped by a circuit judge until issues concerning the operator's lease with the city are resolved.

That means McGill Aviation likely will continue as the airport operator through Super Bowl XXXIX, Feb. 6. The Fernandina Beach Municipal Airport, which is the closest airport to the Ritz-Carlton Amelia Island and Amelia Island Plantation, is expected to play a big role in preparations for the Super Bowl.

Circuit Judge Brian Davis issued a temporary injunction on Nov. 12 that prevents the city from removing McGill from its leasehold while legal issues between the two are resolved. The order was effective the day of an emergency hearing on Oct. 29.

McGill requested the temporary injunction after the city filed a lawsuit to evict the airport operator, saying McGill owes the city about $85,000 in rent and fees. The city's suit came shortly after McGill filed for court arbitration of ongoing lease negotiations with the city, as well as more than $100,000 in damages.

Based on testimony from City Manager Robert Mearns and evidence presented by McGill, Davis said there is "substantial likelihood" the city has repeatedly violated the lease with McGill on five counts.

According to the order, the city appears to have slowly taken portions of McGill's leasehold and used it, but continued to charge rent for that land. The court has ruled the city cannot evict McGill, or hire another airport operator to use the property McGill leases, until after those allegations are resolved.

McGill Aviation has been the fixed-base operator of the city airport since 1998. Its lease with the city ends in March 2008, with an option to renew for 10 more years.

Jim Middleton, McGill's attorney, said last week that an arbitrator for the case has been selected. He said he doesn't know how long the court proceedings will take.

Attorneys for the city could not be reached for comment.

Less than five months before Super Bowl mania reaches Northeast Florida, Fernandina Beach officials are moving to evict McGill Aviation Corp., the city airport's fixed-base operator.

The proposed eviction, which is based on charges that the company owes about $68,000 in rent and other payments to the city, counters a legal complaint that McGill Aviation filed against the city on Sept. 1.

"We tried and tried and tried to work with the city, and they consistently ignored us," said Sean McGill, vice president of McGill Aviation. "We did what we had to do to protect our rights."

The airport firm's legal complaint seeks third-party arbitration of ongoing lease negotiations with the city, as well as more than $100,000 in damages, according to city documents.

Jim Middleton, McGill Aviation's attorney, declined to comment, saying it might endanger his case. The city attorney did not return a call seeking comment.

McGill said in June that the city stopped lease negotiations early this year, soon after a fuel spill at the airport. Prior to that, a draft of a revised lease was under review by the city.

McGill Aviation has been the fixed-base operator of the city airport since 1998. The company's primary businesses are to sell fuel and provide space for parking planes. It also provides aircraft rental, car rental, a small pilot shop and vending-machine refreshments.

In a January interview, McGill Aviation President John McGill said the city has hurt his business in the last several years by encroaching on his leasehold with new hangars and by moving the airport fuel station.

The company submitted a Notice of Default to the city in March, saying the city had violated the lease.

But, according to the city, McGill Aviation also has violated the lease.

City commissioners voted 4-1 Tuesday to begin the eviction process, giving the airport operator three days to resolve the city's complaints before going to court.

Commissioner Michael Lamb, who cast the dissenting vote, said he disagreed with most of the allegations made against the airport operator.

"I don't know what brought us to this point," Lamb said. "I think we have an issue here that's better resolved out of court."

A crowd of people signed up to speak on the matter at Tuesday's commission meeting, but public comment was not permitted because it was a legal issue, Mayor Greg Roland said.

Officials from the Jacksonville Airport Authority say regional airports, including the Fernandina Beach airport, will play major roles when the Super Bowl comes to Jacksonville in February. They say about 100 private aircraft will need to park at the Fernandina Beach airport on any given night during Super Bowl weekend. The city and McGill Aviation have been working with the Super Bowl Host Committee to plan for the event.

City officials did not say who would replace McGill Aviation if the lease is terminated.

Staff writer Alison Trinidad can be reached at (904) 261-7606, extension 105, or via e-mail at alison.trinidadjacksonville.com.