Jerry March having first been duly sworn upon his oath, states as follows:

1. 1 am an adult resident of Marion County, Indiana, am competent to execute this affidavit, and have personal knowledge of the facts set forth below.

2. From January 1, 1978 through December 31, 1995, 1 was employed as the Executive Director of the Boone County Area Plan Commission ("APC"). In that capacity I directed the county's planning department, served as the staff liaison to the APC and Board of Zoning Appeals ("BZA"), was responsible for the enforcement of the county zoning and subdivision control ordinances, and performed related duties requested by county zoning officials or required by the county zoning ordinance.

3. When I began my tenure as the Executive Director, the Terry Airport was already in existence in Union Township and managed by Ray VanSickle, the owner with his spouse of the land on which Terry Airport was and is still situated.

4. During my entire tenure as Executive Director, the runway and facilities of Terry Airport were located on land assigned a zoning classification of AG-General Agriculture under the county zoning ordinance. Based upon discussions with other county officials and my review of the records of the APC, I was of the opinion that the operators of Terry Airport had been granted a special exception to operate an airport on the property in the 1960's. Under the zoning ordinance that was in effect during my tenure as the Executive Director, as well as under the current version of the zoning ordinance, an airport was permitted as a special exception in the AG zoning district.

5. During my tenure as the Executive Director the runway and related taxi areas were enlarged and other physical facilities of the airport were expanded by Mr. VanSickle. To the best of my recollection, Mr. VanSickle made every effort to keep me informed and up to date regarding his plans for improving the site and provided me with copies of the approved construction plans for the airport improvement project prior to the start of the project. These plans were reviewed by me and other local officials and were approved for construction. I do not recall if any building permits were issued from my office. The majority of the improvements to the land were non-structural and included mainly runway and drainage improvements which did not require a building permit. At no time during my tenure as the Executive Director was there a challenge to the issuance of such an approval on the basis that further special exception permission needed to be obtained from the BZA in conjunction with the airport expansion. In fact, I do not remember any organized opposition to the work being done at the airport during the time period that the work was ongoing.

6. During my numerous communications with Mr. VanSickle over the years, he indicated a willingness to apply for any zoning approvals needed for continued expansion of the airport and its facilities. I informed him that as long as no non-airport related commercial/industrial building projects were planned for the site, no further approvals would be required under the existing zoning ordinance to continue to operate and expand the general aviation aspect of the Terry Airport site. Since a previous special exception approval had been granted allowing the airport use, I did not believe that further special exception approval was needed when additional adjacent land was acquired and put into use as part of the existing airport operations or when facilities were improved on the original airport site itself As a duly recognized public airport operating under the jurisdiction of the Federal Aviation Administration and the Indiana Department of Transportation, Division of Aeronautics, it was my understanding that its status as an existing operational airport was protected by state and federal laws from the imposition of more restrictive local zoning controls, other than acquisition of required local building permits.

7. During my tenure as the Executive Director no representative of federal, state or local government ever advised me that my opinions as to the zoning status of Terry Airport were inaccurate or contend that further special exception authority was needed for any expansion of the runway or facilities of Terry Airport. Further while there may have existed a loosely organized group of remonstrators residing in the area of the airport who were concerned about various aspects of its operation, at no time during my tenure did any of those remonstrators or their representatives claim to me that further special exception approvals had to be obtained for the expansion of the airport and its facilities or the construction of new facilities on the grounds of Terry Airport.

8. It was clear to me that Mr. VanSickle was relying on my statements to him as the local official in charge of Boone County planning and zoning issues when he proceeded to plan and execute the work involved with the expansion of the Terry Airport site. I was fully aware that Mr.VanSickle and the State of Indiana were investing substantial amounts of public and private capital to improve the airport site. The intent of these improvements was to provide a safe and adequate landing site in the northern metropolitan area in order to discourage private aircraft from using Indianapolis International Airport. My statements to Mr. VanSickle were always made in good faith based on my interpretations of the local zoning ordinance in effect at the time that the work at Terry Airport was planned and constructed.

FURTHER AFFIANT SAITH NOT.