Judge puts efforts to close Wainscott airport on hold

A state Supreme Court judge on Wednesday temporarily blocked the Town of East Hampton from closing its Wainscott airport, pending an environmental review.

The town in June had asked attorneys to begin the process of closing the airport following litigation surrounding East Hampton's plan to privatize the facility. The town had proposed new regulations like curfews and limits on daily operations as a compromise between the aviation community and residents tired of helicopter and airplane noise. But those restrictions prompted several lawsuits from those opposed to the changes.

Aviation groups had challenged the town’s closure, arguing it could eliminate between $7 million to $20 million in spending in the town and also hurt charter and airline companies.

The preliminary injunction by Justice Paul Baisley Jr. puts the town’s decision to close the public airport on hold until at least the court-ordered environmental review is completed. The town wants to eventually reopen the airport for limited access by private planes as a way to control noise and crowding.

In a statement Wednesday night, East Hampton Supervisor Peter Van Scoyoc said: "The Town Board is assessing what impact the court’s ruling may have, and assessing its legal options. The Town Board remains committed to finding a resolution that is balanced and in the interest of the community."

Petitioners sued to keep the airport open, including helicopter ride-sharing service Blade; local residents; East End Hangars and Hampton Hangars, which sublease space at the airport; and others.

They argued the town was violating federal law by not following the State Environmental Quality Review Act and said it was an attempt to circumvent the FAA's Airport Noise and Capacity Act of 1990.

"Here, by planning on conducting its ... [environmental impact statement] after the Town closes the airport," the judge wrote in his ruling, "The Town has acted both beyond its legal abilities and in an arbitrary and capricious manner by planning on conducting its ... [environmental review] after it closes the airport, and therefore, the Town is enjoined from closing the airport.”

A petitioner to keep the airport open, East End Hangars Board President Steven Dunaif, said the town must complete an environmental review and comply with federal law before it can order it closed.

"We never wanted to file a lawsuit, but the Town continually disregarded our concerns over privatizing the airport, making litigation our only option,” he said in a statement. “We are hopeful that Town leaders can bring our community together and reach a legal solution that benefits all of East Hampton.”

The town previously moved to dismiss the case, arguing that the Federal Aviation Administration told the town in November 2020 that it could close the airport and open a new, private version. They argued the FAA’s options would allow the town to open a new airport to require "prior permission” and limit the number of flights and operators there, Baisley wrote.

With Vera Chinese

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.