Judge Clears Airport Project For Takeoff
by Leonard J. Honeyman | October 27, 2008 7:00 AM | Permalink | Comments (36)
A judge has ruled East Haven cannot stop work on a federally mandated 400-foot safety zone at Tweed-New Haven, in effect clearing the plan for immediate takeoff.
New Haven Mayor John DeStefano Jr. (left in photo with Hugh I. Manke, the winning attorney) announced the decision at a press conference Sunday afternoon at the airport. The mayor, leading a score of city and airport authority officials, was visibly pleased by the ruling by U.S. District Judge Janet C. Hall. He called on East Haven officials to work with the city on the approximately $10.5 million project. The federal government is paying for 95 percent of the work.
East Haven Mayor April Capone Almon Sunday said she will be meeting with the town’s attorneys on Monday “and discussing a course of action.”
At issue was a plan to build a 400-foot safety zone at the north end of the airport, as ordered by the federal government. East Haven officials said the plan would interfere with wetlands, such as that pictured, “and may exacerbate already dangerous flooding.” The 5,200-foot long runway is also impacted by high trees at its end, thereby shortening its useful length. Work to trim the trees also is part of the project.
Hall, sitting in Bridgeport, ruled the matter was simply that federal law preempts any state or local statutes, since the airport work is under the aegis of the federal government and within the existing boundaries of the airport. “East Haven defendants are permanently enjoined from taking any action which would have the effect of stopping, changing, interfering with, or delaying the Runway Project,” she wrote.
The court also said the order by the East Haven Inland Wetland & Watercourses Commission last February against the construction “is invalid and of no legal effect.” The judge told the town it had no authority to issue any rulings about the project and that the project could proceed at any time with no further interference.
“Public safety should never be knowingly put at risk — and that is what has been at issue here,” DeStefano said in a prepared statement distributed at the news conference, along with a copy of Judge Hall’s bench trial ruling on behalf of the Tweed-New Haven Airport Authority. “This is and has always been about safety. The improvements are necessary for the safety of people in the air and on the ground in both East Haven and New Haven.”
Almon, the East Haven mayor, said she had “every right to appeal, every right to take part in the process.”
She said she would take the time to go through the ruling, which she had not yet seen but about which she had been briefed over the weekend. “We will get feedback from the community and go from there,” she said. She said she realized the appeal was the only option open to the town.
“We will certainly take advice of counsel,” she said. She could not say how long that process would take.
Hugh I. Manke, the attorney representing the authority, which runs the airport, said any appeal of the ruling would have to be filed with the Second U.S. Circuit Court of Appeals in New York. He said he thought it unlikely that an appeal would succeed. DeStefano said later of any appeal: “It seems to me that would be throwing good money after bad.”
Calling the court action “a profound decision,” DeStefano said the decision holding passenger and air-travel safety concerns paramount was “stating the obvious.” He said he thought the decision would ultimately lead to strengthening the airport.
He said work would “quickly proceed” and the start of north-end improvements, including the moving of Dodge Avenue and the installations of culverts over Tuttle Brook.
According to a conditional work schedule provided by Airport Authority chief Timothy D. Larson (pictured showing plans at the news conference Sunday), a contract on the work could be signed with Empire Paving Co., the designated contractor, within two weeks. Site work would begin in March and the work would be completed late next fall.
Work could not proceed until the project on the south end of the airport is complete because that would involve closing the runway. Larson said he expected the FAA to sign off on that project in December.
The moving of Dodge Avenue 400 feet closer to Holmes Street would not endanger the residents of the latter street, said Larson and Michael Piscitelli, the city’s transportation director. The bending of Dodge Avenue, now a straightaway next to the airport that handles about 4,000 cars a day, into a letter “C” would be a traffic-calming move, Piscitelli said. Larson said there will be barriers between the street and the airport and that sidewalks are planned.
DeStefano said the state has a two-airport strategy with Bradley International in Windsor Locks being joined by a regional airport in New Haven. “Tweed is not going anywhere. We cannot be a first-class city without a first-class airport,” he said.
Tweed now serves private planes, known as general aviation, and a few commercial flights by USAir daily to Philadelphia. At one time, the airport had flights taking off to Washington, D.C., Baltimore, Pittsburgh, Chicago, Newark, John F. Kennedy Airport in Queens, as well as Philadelphia.
Manke, an attorney with Updike, Kelly and Spellacy in New Haven, said the legal principle that the federal government trumps state and local governments is more than 200 years old. This case, filed in March, was the most recent of what he called 50 years of litigation over the airport. But he said, it was the first time a court said to East Haven that it has to obey.
Larson said he foresees regional jet service to airline hubs such as Cincinnati. The jets would be like the Boeing 717, a twin-jet that seats around 100 people. For example, AirTran flies the jet nonstop between Westchester County Airport in Harrison and Orlando.
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Comments
Posted by: Gary Doyens | October 27, 2008 7:21 AM
It's typical and unfortunate that Mayor DeStefano feels the need to run over to the airport for a presser so he can publicly gloat. This is the kind of behavior that makes enemies, not friends quite frankly undercuts his promise not to try and use the "safety" improvements to expand the airport. It's a matter of personal integrity and DeStefano has none. His word is insufficient to win over support from Easthaven.
As for the safety claims DeStefano makes, that too would be more believeable if DeStefano didn't use it to justify so many things. When he needs it, he trouts it out like a well trained dog.
Posted by: JMS | October 27, 2008 9:51 AM
Gary,
I love ya baby but how can you walk around all day with that ten ton chip on your shoulder? It must be exhausting.
And for the record... I am 100% in favor of whatever steps can be taken to improve the and increase the use of the Tweed-New Haven airport. Frankly I don't care who takes credit for it or how it gets accomplished. More use of that airport is a plus for the growth potential New Haven in my book.
JMS
Posted by: The Funky Chicken | October 27, 2008 9:58 AM
I think this is great I used to fly out of Tweed all of the time when United and later when Delta serviced New Haven. I found that even though the prices were sometimes a bit higher I was able to get a ride to the airport so incurred no parking charge, no real gas usage or tolls. This can add up to $160 (tolls + gas + parking). The ease of use is great as well no running around to 4 different terminals or long TSA lines.
I can't wait till we get Southwest, Delta or some other carrier to really get things moving.
Hi Gary:
Why is this so hard for you to accept that the administration was correct and that Tweed might actually become a viable entity? The administration had a good case and was well within their rights to pursue the case and they won! Be fair and don't attack. Give credit where credit is deserved.
TFC
Posted by: EastRockR | October 27, 2008 10:08 AM
Tweed needs an update anyway.
Better airport means better travel.
There is something great about being able to jump a connector flight from Staven.
Posted by: Esbe
| October 27, 2008 10:17 AM
Gary is probably right that DeStephano's gloating is like sticking a finger in East Haven's eye, and that doesn't help. But let's remember that he is correct on the merits. East Haven is engaged in a property speculation scheme on behalf of a small handful of residents. If the airport can be shut down, a bunch of houses (almost all of them purchased long after the airport started commerical operation) will greatly increase in value. But the regional economy will suffer.
If you want New Haven to grow economically in the long run, then you want a functioning airport. Once the current crisis passes (a year? five years?) airport congestion will become a big issue again and airlines will be looking for places to expand. Tweed is a great place for a moderate amount of regional jet service. It would be very smart, as a region, to upgrade the airport before the next "upturn" begins.
Posted by: JackNH | October 27, 2008 10:17 AM
If the State of Connecticut is TRULY in favor of have two airports, one in Hartford and one here, then fine. Let's get on with it. But I am dubious. It takes an hour to get from New Haven to Bradley-- about the same time it can take to get from Manhattan to NY's airports. I'd like to hear Rell on all of this-- and mean it! It's gone on too long.
Posted by: Steven Ross | October 27, 2008 10:53 AM
This is the other SR.
I do not think this will work out. New Haven needed a colliseum spent a fortune on it then closed it. They couldnt even do a good job of demolishing it. I think that took five years to do.
From what I hear many top people at Yale are from Procter and Gamble in Cincinatti. This looks like the city is just giving them a subsidy. With 100 seats in the plane I dont see full loads. The service will be cancelled just like all the others.
What will be left soon is just a big parking lot like the colliseum. No good to anyone. Any other good ideas. A new landfill?
Its garanteed the city will be picking up the tab for another pig in a poke. Lets hope the campaign contributions are worth it.
Posted by: Margaret | October 27, 2008 12:26 PM
This a safety issue Mayor Capone Almon needs needs to pick and choose her battles alittle bit better. I think she is doing a great job but she needs to leave this alone. Safety first regardless of what trees need to be cut down people's lifes are more important and added revenue won't hurt either town.
Posted by: Alphonse Credenza | October 27, 2008 1:53 PM
This is great news. Finally, Tweed can start moving again.
I understand that bicycles will be allowed on the tarmac, but bike laws must be followed strictly or the Federal Aviation Police will ticket.
Posted by: Zach | October 27, 2008 2:35 PM
DeStefano nailed it when he said "You can not have a first class city without a first class airport." I am so pleased to hear that some measures are being taken to improve Tweed and increase economic development in New Haven. Having an airport function at it's highest efficiency possible will not only increase economic development in New Haven, but also the cities surrounding New Haven like East Haven, West Haven, North Haven, and Hamden will be able to reap the benefits.
These cities need to come together and develop the area as a whole. This would make New Haven appear larger and make it similar to cities like Boston, Philly, Baltimore, etc. It would bring tourism, new businesses, new developments, and millions in tax dollars to all of these cities. The first step to a prosperous city is a properly working airport and I would even like to see Tweed become even bigger. New Haven deserves it! Bring in some commercial flights (JetBlue preferably), add new destinations, and let New Haven become the prosperous city that it was meant to become.
Posted by: anon | October 27, 2008 3:37 PM
New Haven and the 20 other towns in the region should now sue East Haven for holding up the airport project, in the process losing them hundreds of millions of dollars in long-term business tax receipts and property values. I can't believe they have been able to hold up this project for even one day, given the massive support for it within the entire regional business community.
Southern CT is the largest underserved air market in the country by a huge margin. There is a massive untapped demand here, and anyone who argues otherwise has lost all credibility. Create a convenient regional airport, and businesses will flock here.
Maybe the Town of East Haven can raise taxes to help pay for a shiny new terminal building or parking garage. That might begin to offset the economic and environmental harm they've caused to the other 2 million of us for whom Tweed is the closest airport.
Posted by: Politico | October 27, 2008 4:26 PM
Johnny Boy held up the construction of the Cancer Hospital at Yale for five years. How much pain and suffering this caused is anyones guess.
The agenda there was to help unionize the staff. Can anyone tell me what the real agenda is at Tweed.
Posted by: Tom | October 27, 2008 4:47 PM
Many good things ahead for tweed...and planes just like the 717, MD88 , Airbus A319/20 and the 737 or numerous model RJs would be perfect for Tweed because they work well with short runways and now that the airports runway could fully be utilized,....more profit for the airlines and more destinations and flight/aircraft options follow. with that comes cheaper fares because of competition.
Posted by: Alphonse Credenza | October 27, 2008 4:54 PM
Pie in the sky. What carrier will come in? And for how long?
Posted by: JMS | October 27, 2008 7:36 PM
"I understand that bicycles will be allowed on the tarmac, but bike laws must be followed strictly or the Federal Aviation Police will ticket."
Thanks for the laugh. I just spit up on my laptop.
JMS
Posted by: Gary Doyens | October 27, 2008 9:41 PM
Zach and Anon:
When pigs fly while wearing lipstick.
Posted by: MissMouse | October 27, 2008 11:05 PM
Zach- I agree. Everyone in the travel industry knows that the demand for flights here is HUGE, great untapped market.
Join me and encourage Jet Blue service:
http://www.jetblue.com/email/citysuggest.asp?intcmp=where_we_fly1
For all you naysayers - look at the airports that jet blue serves:
http://www.jetblue.com/wherewejet/
Portland
Nantucket
Newbourgh
White Plains
Small regional airports - much like Tweed - in fact 10-15 years ago they were all same to smaller in terms of flights.
And look at where they fly:
DC
Orlando
Fort Lauderdale
Chicago
Los Vegas
Posted by: Tom | October 28, 2008 1:49 AM
TWEED WON~~~!!! East Haven should back off and move on...the "few" complainers should realize a couple of things...1. The airport owns that section of Dodge Ave and at the opposite end. , they should do whatever they want with the property...2. THE AIRPORT WAS HERE BEFORE THE HOUSES....3. More people have used and will use with expanded service just like when Delta and United was here...so the complainer should be quiet, work with the expansion or move away. And like I said before...east haven should worry about hazard zone death trap streets like Hemingway/Coe Ave....provide more for teens and youth, getting them away from drugs. Your money would be well spent providing for them then the stupid fountain your town wasted thousands on, on Main st, fixing other town problems or costly court/lawyer fees.
Posted by: anon | October 28, 2008 10:19 AM
Thanks, Missmouse! Those figures show just how absurd East Haven's argument is.
Posted by: Steve | October 28, 2008 1:42 PM
I hope and pray that Mayor Johnnie is on the next one way flight out of town. I can see him now going to the feds for bailout money to cover the largest deficit in New Haven history. No homeless shelter money but anything you want for Tweed, got to close the schools, libraries and layoff workers but no heading back on this money pit.
Anyone in City hall look at the strategies that the airlines are using for the next quarter century of air travel. Close look will tell you that the move is away from small regional airports, yes a reversal of the past strategies. This is all about Yale and has nothing to do with community or regional benefit.
Wondering where Alderwoman Depino was for the announcement. She has been a lifelong advocate of the expansion, maybe it wasn't politically the right move to show her cards.
Posted by: tweed supporter | October 28, 2008 2:18 PM
Steve
You have your facts wrong. Airlines will FLOCK to Tweed now that the safety zone will be completed. This enables a regional jet to fly to Atlanta, Chicago and many other destinations without worrying about the wind or other conditions. IN the past many flights were canceled or weight restricted.That is why Comair and united pulled out
Tweed will prosper and home values will escalate as HERTZ, AVIS and other airport dependent companies will buy up the homes to support the growth. Think of all the jobs created
I can not wait until Continental flies to Cleveland, United and American to Chicago, Delta to Atlanta and Detroit and HOPEFULLY JetBlue to Orlando and Ft Lauderdale.
John DeStefano deserves a lot of credit and the residents of East Haven need to vote out the Mayor as she is stymiing growth to the region.
Posted by: Tom | October 28, 2008 3:04 PM
YOU GO STEVE!!! TWEED WILL BE A PROFITABLE WELL USED AIRPORT....I CANT WAIT TO FLY FROM THERE ON JET SERVICE. CANT WAIT TO SEE DELTA RETURN, AIRTRAN AND?OR JETBLUE SERVE FLORIDA INSTEAD OF THAT FAR INCONVENIANT DRIVE TO HARTFORD OR NEW YORK
Posted by: Steve | October 28, 2008 3:55 PM
Tweed is Mayor Johnnie's very own 'Bridge to No where'. He'll be looking for BIG EARMARKS!!
Posted by: Steve J. | October 28, 2008 4:43 PM
Bridge to no where, thats pretty fun but sadly true.
Maybe it should be like it that Kevin Costner movie about basball: "if we build it they will come."
Posted by: Tweedsupporter | October 28, 2008 4:56 PM
First thing we should do is change the name of the airport. What about Yale-New Haven Regional Airport?
Posted by: Tweedle Dumb | October 28, 2008 6:59 PM
Tweed Supporter:
OMG, do you really want to go to Cleveland, or Detroit, Atlanta or whOrelando? Really, I would rather just drive around East Haven in an old Camaro, with my spray on tan and hair gel than fly to any of those places. Please get help!
Posted by: anon | October 29, 2008 10:04 AM
Tweedle Dumb, I would love to go to Detroit. Detroit often has the cheapest direct flights to Tokyo, Paris, Beijing, London and many other cities.
Posted by: tweedsupporter | October 29, 2008 10:33 AM
from Detriot and Atlanta you can go anywhere in the world.
I can not wait to see the economic engine of the airport get going and see what it does to the New Haven area. Think of the hotel occupancy rates when Yale and more companies such as Higher One and Subway have their conventions in the Elm City.New Haven is very fortunate to have Tweed just like they had the New HAven Railroad back in the 1900's
Posted by: Josh Smith | October 29, 2008 10:56 AM
One thing is for sure: Having a working airport is vital to the health of any city, and having the tax revenue that comes out of that airport will be better than just shutting the airport down or continuing to run the airport underutilized as it is now. I look forward to hopping on a Southwest flight, if they would be interested in coming to New Haven.
Posted by: Tweedsupporter | October 29, 2008 12:57 PM
jOSH sMITH
Southwest visited Tweed in the mid nineties to explore flight to Chicago and other cities. Tweed fits there parameters perfectly. Right off interstate 95 and many potential passengers within the 100 mile surrounding area.
Unfortunatly there was no infrastucture at TWeed and there continues to none. Southwest needs to turn their planes in twenty minutes and in New HAven they couldn;t even fuel their planes in that time.
Had New Haven had the foresite in the 80's during deregulation Tweed would have been just as fine an airport as Manchester New Hampshire and Burlington Vermont and New Haven would be thriving. INstead of putting Tax exempt schools in prime downtown properties, we would have had soild tax paying companies along with many other hotels and perhaps a convention center
Posted by: anon | October 29, 2008 5:12 PM
Good point, Tweedsupporter. What a lost opportunity that was. But it should be easy to get back if the state feels that Tweed is a priority. It should be key to the regional economic development strategy, and that strategy needs to be better communicated to legislators and congressmen from the Southern CT area.
Posted by: tweedsupporter | October 29, 2008 5:40 PM
You are right ANON. The State should get involved but they don't. The reason EAST HAVEN. The politicians are afraid of the folks there.
United was here from 1990 until 1994 and left because no one was listening to them. Trees weren't cut, runways weren't plowed and they finally got fed up and pulled out leaving us with a dormant $300,000 jet bridge to no where.
The State also has problems with Bradley as it is one of the few airports owned and operated by the state DOT. They threw out $500,000 in subsidies to Northwest to fly to Amsterdam. That money could have been put to better use down here.
Anyways the State should take over and relieve the New Haven
taxpayers of Tweed and take the surrounding properties by eminent domain.
New Haven will prosper, just look what Providence did.
Posted by: Tim Larson | October 30, 2008 1:38 PM
Thank you for your comments and support of our efforts here at Tweed New Haven Regional Airport. If you would like to be included in our supporters list, please send us your e-mail and we will send you news updates on Tweed.
Thank you again!
Posted by: Josh Smith | October 31, 2008 1:19 AM
Anyone else think that Bradley and Tweed should be owned and operated by a state airport authority? I don't think New Haven taxpayers should be the ones bearing the sole burden to pay for Tweed. When this airport really gets going (and it will, because the city and the surrounding area really needs it in order to grow/develop further), tons of residents from surrounding towns will use it. Shouldn't the state pay for it, or at least those who live in the region? And again, as I often post on NHI, this issue is probably infinitely more complicated than I think it is, so forgive me if my views simplify the problems down too much. This is just how I see things as a regular citizen with no idea of how things work internally.
Posted by: victor | November 6, 2008 10:53 PM
First off for the ones that favor this expansion of an airport with utter dissregard to the people whom reside in its close proximity HOW ABOUT YOUR BACKYARD!! WE dont need more noise, pollution and congestion on our streets. Yale and all its educated crumpets can fullfill New Havens economic pockets with the property taxes they dont pay on all their hoarded real estates. If all these ignorant out of state bastards dont like the rhetoric get the hell out and leave this little town and what its native people alone!!!!
Posted by: tom | November 7, 2008 4:38 PM
Hey Victor, did it occur to you that the airport was here before your house was put there? Did it occur to you that airports change,and theres need for jet service so why complain when you decided to live there. The airport IS in my backyard practically, doesnt bother me, and I encourage more air service to come in. I like the conveniance and exciting future Tweed has now. Many city, neighboring town residents including many east haven people want it...we shouldnt give it up cause of a FEW of you complainers...maybe you should move the hell out..........!!!!!!!!!!!
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