Westchester, Private Aviation Company Seek to Avoid More Airport Litigation
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A settlement could be on the horizon in the three-and-a-half-year litigation between Westchester County and a fixed-based operator at the county airport after a Stipulation of Settlement was filed last week.
An attorney for Million Air said the Dec. 2 filing could pave for the way for an agreement between the two parties to permanently end the lawsuit.
Million Air sued the county in June 2021 for $30 million for allegedly breaching its lease after Westchester officials refused to allow the operator to build a second hangar at the airport.
Attorney Russell Yankwitt, who represents Million Air, said his client and the county agreed to work to resolve two issues: how the new proposed hanger could potentially limit the number of ferry flights – when an aircraft is stored at another airport – resulting in fewer take-offs and landings, and how Million Air would accommodate larger and light general aviation with a new hanger.
Yankwitt said the two parties will both study what impact a new hangar could have on reducing ferry flights, which would cut down on noise, pollution and other environmental impacts.
“The goal is after we resolve these remaining issues, they will then agree” to a new hangar, Yankwitt said. “If they don’t, we’ll sue them again.”
The attorney said that with the Stipulation of Settlement now filed, he is hopeful additional litigation can be avoided.
County Attorney John Nonna said the Board of Legislators would have to decide whether to allow construction of the hangar, which must also pass federal environmental review. He declined to answer any other questions, instead pointing to a statement issued by the county shortly after the Stipulation of Settlement was submitted.
“Million Air has resolved the County’s claims relating to a Light General Aviation (LGA) hangar by placing that hangar back into LGA service as required by the lease and Federal Aviation Administration,” the statement read. “The lease was also amended to provide for extra tie-down spaces for LGA and additional vehicular parking spaces for Million Air.
“The Court had already ruled that Million Air was not authorized to construct a new, larger hangar under the 2016 lease without County approval. Million Air has acknowledged the County’s submission of an Environmental Assessment under the National Environmental Policy Act (“NEPA”) to obtain FAA approval of a hangar constructed for general aviation use, which the 2016 lease explicitly authorized.”
According to Million Air, the new proposed hangar will accommodate larger aircraft and have space for light general aviation aircraft at a reduced cost for smaller plane owners, in addition to reducing ferry flights.
Yankwitt said he is also optimistic that with a new county executive ready to take over within the month, presumably current Deputy County Executive Ken Jenkins, that the final issues could be resolved, which would be better for both sides.
Furthermore, construction of a new hangar would generate additional construction jobs and help the county stay competitive from a business standpoint.
“I live in Westchester, I work in Westchester, I’m a big fan of Westchester, and I think this would be a big benefit for Westchester,” Yankwitt said.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/
