$30 Million Lawsuit Continues, Hangar Modernization Still Up In The Air

Westchester County filed a Motion to Dismiss Million Air’s $30 million lawsuit against the County, charging them with ongoing breaches of contract and bad faith conduct in relation with Million Air’s plan to modernize an aircraft hangar at Westchester County Airport.

The Memorandum of Law submitted September 3, 2021, by Yankwitt LLP rejects the County's reasons for asking that the case filed on June 16, 2021, be dismissed. The firm details the County's repeated violations over four years of the approval process for new construction set forth in Million Air's lease with the County.

Million Air says that the County repeatedly refused to approve their proposal seeking to improve their out-of-date hangar, and "compounded this breach" by failing to cooperate with Million Air in obtaining necessary environmental and regulatory approvals.

Million Air states that from 2017-2021, the County told the company that it supported the plan for replacing the hangar, "all the while continuously moving the goalposts and conjuring ever-shifting hoops for Million Air to jump through for approval."

Yankwitt LLP states that Million Air's lawsuit sufficiently demonstrates the sound basis for the case and asks the Court to reject the County's motion to dismiss "in its entirety."

Million Air provides private aviation services with locations across the United States and globally. At Westchester County Airport, it operates a Fixed Base Operation, which includes a hangar and passenger services terminal built under the lease with the County and provides services to private aircraft including maintenance and fueling. 

The lease between the two parties provides that Million Air can construct "additional hangars" at the airport and that the County may not unreasonably refuse to approve of such new hangars.

FMI: https://www.millionair.com/locations/hpn/, https://airport.westchestergov.com/