UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Friends of the East Hampton Airport, Inc. et al., 

 Complainants, 

v. 

Town of East Hampton, NY 

 Respondent. 

FAA Docket No. 16-15-02 

RESPONDENT TOWN OF EAST HAMPTON, NEW YORK’S MOTION TO DISMISS 

PARTS OF THE COMPLAINT 

Designation of persons to receive service for the Town of East Hampton, New York: 

Elizabeth Vail 

Town Attorney 

Town of East Hampton 

159 Pantigo Road 

East Hampton, NY 11937 

EVail@EHamptonNY.Gov 

W. Eric Pilsk 

Catherine van Heuven 

Kaplan Kirsch & Rockwell LLP 

1001 Connecticut Ave., NW, Suite 800 

Washington, DC 20036 

epilsk@kaplankirsch.com 

cvanheuven@kaplankirsch.com 

Telephone: (202) 955-5600 

Facsimile: (202) 955-5616 

 
The Town of East Hampton, New York (the "Town), by and through counsel, hereby

moves to dismiss parts of Complaint filed by Friends of the East Hampton Airport, Inc., Analar

Corporation, Associated Aircraft Group, Inc., Helicopter Association International, Inc., Heliflite

Shares LLC, Liberty Helicopters, Inc., and Shoreline Aviation, Inc. (collectively

"Complainants") as set forth below and in the Town's Brief in Support of Its Answer and Motion

to Dismiss the Complaint, filed herewith and incorporated herein by reference ("Brief').

On certain issues, the Town does not dispute that there are legitimate questions of

compliance with its Sponsor Assurances and on those issues, the Town agrees to enter into a

Corrective Action Plan with the FAA to assure compliance. Specifically, the Town agrees to

enter into a Conective Action Plan regarding:

o Non-aeronautical revenues, including leases with the Maidstone Gun Club, The Hertz

Corporation, the Town Police Department and the East Hampton Fire Districts Training

Facility, Inc.; and the adequacy of reimbursements from the Town to the Airport Fund.

. The preparation and implementation of a formal Pavement Maintenance Management

Program.

Because the Town does not contest compliance with regard to these issues, the related

claims should be dismissed so the Town can entet into a Corrective Action Plan with the FAA

without further unnecessary litigation.

Respectfully submitted this 1st day of y,2015

Elizabeth Vail

Town Attorney

Town of East Hampton

159 Pantigo Road

East Hampton, NY 11937

EVail@EHamptonNY.Gov

W. Eric Pilsk

Catherine van Heuven

Kaplan Kirsch & Rockwell LLP

1001 Connecticut Ave., NW, Suite 800

Washington, DC 20036

epilsk@kaplankirsch. com

cvanheuven@kaplankirsch. com

Telephone: (202) 955 -5600

Facsimile: (202) 955-5616

2
CERTIF'ICATE OF SERVICE

I hereby certify that I have this day served the foregoing Respondent Town of East

Hampton, New York's Motion to Dismiss Parts of the Complaint on the following parties by

email at the following addresses:

Office of the Chief Counsel

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

1 copy via E-mail

9-AV/A-AGC-Part- 1 6 @faa. gov

Leonard D. Kirsch, Esq.

McBreen & Kopko

500 North Broadway

Jericho, NY 11753

lkirsch@mklawnyc.com

Dated this lst day of May,2015 eì'K

Catherine M. van Heuven

a

J