Town of New Windsor v. Ronan, 71 Civ. 3062.

• Decision Date: 12 August 1971
• Docket Number: No. 71 Civ. 3062.,71 Civ. 3062.
• Citation: 329 F. Supp. 1286
• Parties: TOWN OF NEW WINDSOR et al., Plaintiffs, v. William J. RONAN et al., Defendants.
• Court: U.S. District Court — Southern District of New York

329 F. Supp. 1286

TOWN OF NEW WINDSOR et al., Plaintiffs, v. William J. RONAN et al., Defendants.

No. 71 Civ. 3062.

United States District Court, S. D. New York.

August 12, 1971.

Winer, Neuberger & Sive, New York City, for plaintiffs; David Sive, Sigmund Anderman, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for defendant, Metropolitan Transportation Authority and the defendant members thereof; John R. Hupper, Norman J. Itzkoff, Ronald S. Rolfe, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, Pro Se pursuant to New York Executive Law, § 71, and for Defendants, Theodore W. Parker, Richard Dunham and Arthur Levitt; Daniel M. Cohen, Asst. Atty. Gen., of counsel.

Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, for defendants, John A. Volpe, and John Schaeffer; Daniel Riesel, Asst. U. S. Atty., of counsel.

OPINION

FRANKEL, District Judge.

Plaintiffs seek the extraordinary remedy of a preliminary injunction to block a state exercise of the eminent domain power where the particular takings have been authorized by the state legislature to meet projected needs for airport facilities. The papers are lengthy and learned on both sides. For reasons outlined below, the motion of plaintiffs and a cross-motion of certain defendants will be denied.

I.

To set the scene very briefly, the court could notice, what everyone knows and the papers before us show, that the metropolitan centers of the world are beset by problems of noise, congestion and danger attendant upon jet air transportation and overtaxed airport facilities. Deep questions as to how many of the trips are necessary remain subjects for controversy elsewhere. For our purposes it may be accepted that the existing and dimly foreseeable problems require long-range planning, estimates of contingencies and, where possible, provision for alternative courses of action in light of future developments. Defendants' papers portray informally, but without dispute, the current travail of Los Angeles, which is reportedly in process of spending some $200,000,000 to acquire land and almost 2,000 homes around its International Airport, where expectable problems of increasing airplane noise should probably have precluded building of those dwellings in the first place.

The area involved in the present case centers around Stewart Airport near Newburgh, New York. Originally built as a municipal airport for Newburgh in about 1930, Stewart became an Air Force base in 1942 and was a military installation until 1970. On March 1, 1970, the defendant Metropolitan Transportation Authority (MTA) began to operate the Airport as lessee and licensee of the Defense Department. In July 1970, MTA acquired title to 1590 acres of the facility, leaving 542 acres still owned and used by the Federal Government.

The New York Legislature passed in April of this year, and amended in May, "An Act to authorize the establishment of an airport for the accommodation of domestic and international air travel and freight transport at Stewart airport and the making of an appropriation therefor." Signed by the Governor in June, the Act as amended grants to MTA authority

"to establish, construct, expand, rehabilitate, improve, maintain, reconstruct and operate at Stewart airport * * * an airport for the accommodation of domestic and international air freight transport, general aviation and such other airport purposes for which there may be need from time to time."

The Act gave MTA $30,000,000 for the costs of this enterprise, "including the acquisition of real property or interests therein." Shortly afterward, an additional $15,510,000 was granted as part of a supplemental budget. It is provided that if any federal money is received for the project, MTA may retain and apply it. If the need for acquired lands or interests "is not immediate," the MTA is to transfer possession to a subsidiary "specially created for the interim administration and management of such property." Provision is also made for state payments to local taxing units in lieu of taxes lost by the takings, the payments to be based upon a prescribed scheme of "transition assessments."

Among the pertinent materials supplying the context of this state law is a Federal Aviation Administration Task Force Report issued in September 1970. The Task Force, as stated in the Foreword to its Report, was "concerned about increasing air traffic delays and airport congestion * * *." Accordingly, it

"undertook to develop a complete analysis of the demands on the New York metropolitan airport system, the expected growth factors for the area as related to national forecasts, and an appraisal of the capacities of the existing airport facilities, as well as the application of any theoretical improvements to these facilities that could be considered."

It noted the consensus "that the existing New York airports cannot serve the area efficiently * * * or continue to cope with industrial expansion or with population growth factors." It recorded widespread views in responsible quarters that a failure to solve this problem could cause stagnation and economic hurt "to the New York metropolitan area and to the nation." Concerning the Stewart Airport, the Report said:

"Concurrent with the declaration of this airport as surplus to the needs of the Air Force by the Department of Defense, the Metropolitan Transportation Authority has been given approval and has accepted and commissioned the operation of this facility as a general aviation airport. The airport is 55 miles away from New York City and located adjacent to the New York State Thruway and Route 184. Its present acreage is 2,186 acres, with land to the west and southwest which is uninhabited and which appears to be available for the requirements of an expanded facility.

"There are no insurmountable topographic or airspace problems if expansion were to be considered. The location, from a ground access viewpoint, is good. The only limiting factor is a lack of a high speed ground transportation system. In addition to the highway accessibility noted above, the airport lies close to the Erie Lackawanna rail right of way whose spurs connect the site with Newark, New Jersey, and can provide additional improved rail links with New York City proper.

"The airport itself has two runways, one 7,000 feet long, and one 6,000 feet long, and is capable of handling medium range aircraft. The airport has a practical annual capacity of about 160,000 operations under its present configuration. It is located in an area of rapidly growing population and could significantly relieve the existing metropolitan area airports. It has the potential of being developed as a major air carrier airport, as well as a cargo and freight facility. Its location indicates that it may present one of the last viable opportunities for additional major airport facilities in the area."

While their prediction may prove ultimately to be incorrect, the Governor and Legislature of New York have determined —and allocated large sums of public money based upon the determination —that the Stewart area should be taken and developed as one of the few available sites for probable major airport expansion. Some immediate uses for the land have been perceived by these elected officials—e. g., "for runway extension, facilities and a buffer zone * * *."¹ Beyond the work now in contemplation, it is intended that "other development of the airport will only be in response to need."² Elaborating the views underlying the state legislation, the Governor issued a memorandum at the time of his signature, mentioning both the present program and the projected use of the land for "such other purposes as may be necessary from time to time." He reviewed and underscored the needs and the problems covered in the FAA Task Force Report. He noted the effort to anticipate and minimize future problems requiring "noise buffer zones and other sound ecological protections * * *." He mentioned the desirability of "moving now on the improvement, expansion and development of Stewart Airport while land in the area * * * is largely undeveloped which will mean minimal relocation of people and businesses * * *."

Following enactment of the state law, on July 6, 1971, defendant MTA, through its Chairman, defendant Ronan, issued a public statement announcing the beginning of steps to acquire approximately 9,000 acres west of Stewart Airport. The statement described the area in question. It quoted the Chairman as assuring affected residents that they "will be able—if they wish—to stay for two years at the minimum." It listed available payments to landowners—of moving expenses, closing costs and other things in addition to "just compensation." It repeated the Governor's expressions predicting benefits to both the region and the State from proposed development.

Fired by contrary sentiments, the plaintiffs brought the instant suit on July 9, 1971. The plaintiffs are three towns variously containing or adjoining the proposed development, associations and corporations concerned with the land and environment of the region, and four owners of homes and properties totalling some 260 of the affected acres. Defendants, in addition to MTA and its members, are various state and federal officials and agencies. The complaint pleads seven claims for relief, not all of which are significant for purposes of the motion now before the court. It seems sufficient for now to state the gist of the claims this way:

(1) The proposed acquisition is unlawful under the Airport and Airway Development Act of 1970, 49 U.S. C. § 1701 et seq. (AADA) because the development has not been approved by defendant Secretary of Transportation Volpe.

(2) The "New Airport," as plaintiffs call it, is not properly planned "and is proposed without consideration of feasible and prudent alternatives."³

(3) The MTA is proposing to act ultra vires and

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