Court of Appeals rules against attempt to close East Hampton airport

The New York State Court of Appeals, Second Department held that the Supreme Court got it right – the city of East Hampton is not allowed to close East Hampton Airport and impose burdensome restrictions on its use without first complying with state and federal legislation.

The Second Department ruled that the city had “failed to comply with the applicable procedural requirements” of federal law, which “apply to the city's decision to close the airport as a public use airport and reopen it a few days later as a private use airport .” The Court has made it abundantly clear that the city cannot simply close the airport after completing an environmental analysis of the situation, as it has been arguing for the past two years.

Arguing on behalf of the East End Hangars and Hampton Hangars associations, James M. Catterson of the law firm Pillsbury Winthrop Shaw Pittman LLP said: “The Town tried to convince the appellate court that the previous rulings preventing them from closing the airport were wrong . The court's unequivocal ruling is consistent with every previous court ruling that has rejected the city's motions and a reminder that the city has been held in contempt of law against this airport.”

A long list of losses

The previous eight years of court rulings reveal that the city has repeatedly misunderstood, exceeded or simply ignored federal law. In November 2016, the Second Circuit ruled that the city's unilateral imposition of noise and access restrictions violated federal law. In early 2022, the city sought to temporarily close the airport to override the Second Circuit's decision and impose the same noise and access restrictions. But a state court saw through the city's ruse and, in October 2022, the same court ruled that the city violated state and federal law in its plan to close and reopen the airport and issued a permanent injunction to block the closing of the city. the airport without complying with both state and federal law. The appellate court has now affirmed that decision.

Catterson noted, “Despite multiple attempts to appeal the state court rulings, the city lost at every turn. In May 2023, a state court held the city in contempt for the second time in two years and ordered the city to pay attorneys' fees. The appellate court upheld this finding of contempt.”

An opportunity for a “clean slate”

He concluded, “The city is hemorrhaging money because the city council refuses to discuss appropriate alternatives outside of court. One would hope that this new government would seize the opportunity to start with a 'clean slate' and chart a new course that addresses the concerns of all parties.”

According to a review of their own budget documents, the Town of East Hampton spent $1.32 million on “outside professionals” related to the airport in 2021, $4.45 million in 2022, $2.29 million in 2023 and they predict $1.22 million in 2024, for a total of about $9.28 million.

Many airports operate voluntary flight restrictions that seek to address the concerns of residential neighbors. Following that path, many in East Hampton's aviation community pledged to voluntarily change flight operations as part of a compromise proposal long ago brought to the Town Board.

“I'm sure the aviation community hopes that this latest court decision opens the door for the kind of discussion that will lead to a speedy resolution to this long-running litigation,” Catterson offered.