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CAA: Airport News, "Connecticut Airport Contract Up In Air"
Friday, June 16, 2000
AIRPORT CONTRACT UP IN AIR
East Haven files legal action over New Haven deal
By Mark Zaretsky
New Haven (CT) Register
East Haven has initiated legal action questioning the validity of the lease
by which the Tweed-New Haven Airport Authority assumed control of the
airport from New Haven two years ago.
The regional authority signed the lease solely with New Haven after
initially seeking approval from both New Haven and East Haven. East Haven
charges that lease violates both the 1998 legislation that created the
authority and a 1983 agreement between East Haven and New Haven that settled
years of previous discord.
East Haven’s charges are contained in a counterclaim to a New Haven lawsuit
that seeks to stop East Haven from taxing airport property located within
town borders. The counterclaim was served on city and authority officials on
Monday, authority attorney Hugh Manke said.
When the legislation was passed in Hartford to create the authority, "(it)
was passed so that both municipalities" would control future airport growth,
said East Haven Mayor Joseph Maturo.
"The authority and the city can’t have it both ways," Maturo said. "They can
’t come to East Haven when they want something," then ignore the town and
pretend it doesn’t have a say other times, he said.
"The ultimate decision will be made by a judge," Maturo said.
The town added the formerly tax-exempt property to its grand list after the
Airport Authority went forth with the New Haven-only lease in 1998. The
authority, in taking its action, cited a legal opinion that said East Haven’
s approval wasn’t necessary.
The dispute most recently caused East Haven to withhold a building permit
for a new airport fire station — on land located in East Haven — because of
$334,000 in unpaid property taxes East Haven says New Haven owes.
Superior Court Judge Jonathan E. Silbert recently tried and failed to broker
an agreement that would have had East Haven issue the permit in exchange for
a promise by New Haven to pay the taxes if the judge rules in East Haven’s
favor.
The counterclaim charges that the authority improperly split what initially
was one lease into two, then decided it did not need East Haven’s approval
at all. It charges that splitting the lease and signing one with New Haven
breached the 1983 agreement.
New Haven officials could not be contacted.
Airport Authority Chairman Roger Joyce expressed frustration with the course
of events.
"In meetings with the Town Council, we’ve made every effort to involve the
authorities in East Haven," Joyce said.
The Airport Authority is concerned both about getting the fire station built
and the broader issue of overall cooperation between the airport, the city
and the town, he said.
"Our concern is our need to secure a building permit for our (firefighting)
facility, and that’s being held up," Joyce said.
Beyond that, "the initial interest of the authority was to work with its
neighbors" and "we are concerned about the level of cooperation," he said.
Joyce defended the decision to proceed without East Haven’s approval,
saying, "there is no East Haven-owned property."
East Haven Town Attorney Lawrence C. Sgrignari disagreed.
"The language of the public act" that created the authority "says the
authority was going to take over by virtue of a lease between New Haven,
East Haven and the authority," Sgrignari said.
Post your opinion on this story in the CAA Discussion Forum
http://www.californiaaviation.org/cgi-bin/dcforum/dcboard.cgi?conf=DCConfID8
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