East Hampton wins fee skirmish as battle over airport future rages on
A judge has ruled East Hampton officials can use funds from the operations of the municipal airport in Wainscott, pictured here in 2022, to pay for litigation over the facility's future. Credit: John Roca
East Hampton Town can continue to use revenue generated by the municipal airport in Wainscott to pay for legal fees as litigation over the facility's future continues, according to a recent court ruling.
The Aug. 3 decision is the latest development in an ongoing fight over East Hampton’s effort to close the airport.
The ruling stems from three separate lawsuits aviation interests and Montauk residents who fear their hamlet's air traffic will increase if East Hampton Town Airport closes filed against the town last year.
The airport long has been a source of aggravation among some East End residents who have complained about constant noise, particularly during summer.
In his decision last week, state Supreme Court Justice Paul J. Baisley Jr. denied a motion by the petitioners for the town to stop using revenue from operations such as landing fees, airport leases, fuel sales and parking to pay for legal expenses.
The plaintiffs argued that using such money to cover legal fees negatively impacted airport operations.
They made the argument following the judge's May restraining order that barred the town from taking any steps toward closing the airport.
The judge previously held the town in contempt for not following the order but East Hampton officials have appealed that decision.
In the latest skirmish, the town argued it’s more prudent to use airport revenue rather than taxpayer money for legal fees, which court records show have surpassed $3 million.
East Hampton Supervisor Peter Van Scoyoc said in a statement the ongoing litigation “has impeded the town’s goal of managing and regulating its airport to reflect the desires of the community and ability to respond to community concerns about the airport.”
Attorney James Catterson, who represents some of the petitioners, said in a statement that they "respectfully disagree" with the court's recent decision and plan to file a motion to reargue.
He also said the judge's order "does not change the fact that the town expended millions of dollars in a failed effort to shut down the East Hampton airport."
Joe Werkmeister covers the towns of Southampton, East Hampton and Shelter Island. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
