County may not interfere with business affairs at the Martha's Vineyard Airport, a judge has found.
Timothy Johnson

Airport Prevails in Long-Running Legal Skirmish With County

<p>A superior court judge Monday handed a victory to the Martha&rsquo;s Vineyard Airport Commission, ending a costly protracted legal battle with the Dukes County Commission over control of the Island&rsquo;s only commercial airport.

A superior court judge Monday handed a victory to the Martha’s Vineyard Airport Commission, ending a costly protracted legal battle with the Dukes County Commission over control of the Island’s only commercial airport.

In granting summary judgment, the Hon. Cornelius Moriarty 2nd ruled in favor of the airport commission on every point of the dispute, finding unequivocally that the state law that established the airport trumps the county charter.

“This case stands as another chapter in the long-running power struggle between the Martha’s Vineyard Airport Commission and the county commission for Dukes County over control of the Martha’s Vineyard Airport,” Judge Moriarty wrote in the 18-page decision.

The ruling says the county manager cannot sit on the airport commission as an ex-officio, non-voting member; the county treasurer cannot refuse to pay invoices authorized for payment by the airport commission; the treasurer cannot obtain privileged and confidential communications between the airport or release privileged communications to the public; and the county cannot expand or reduce the size of the airport commission.

Barring appeal by the county, the case is over.

As in past court battles, the case came down to a conflict between Chapter 34A, the state law that authorizes county government by charter, and Chapter 90, which established the airport commission. Central to the case are a set of grant assurances which the county signed in 2011 as a condition of receiving state and federal funds. In signing the grant assurances, the county, which appoints the airport commission, agreed not to take any action to interfere with the affairs of the airport without the approval of the Massachusetts Aeronautics Commission.

Judge Moriarty noted he had reached the same conclusion as two other superior court associate justices on three previous occasions.

“This court agrees with both justices that as a matter of statutory construction, when in conflict, the provisions of the charter, a broad enabling statute, must yield to the airport act, a narrowly tailored statute,” he wrote. “On the one hand, the county claims that the provisions of the charter trump the airport act. Yet on the other hand, it agrees that the grant assurances are a binding contract and it committed to the grant assurances being honored. It appears that the county seeks to run with the hare and hunt with the hounds. It may not do so. Here the county has forfeited its right to manage the airport through the execution of grant assurances and the acceptance of state and federal funds.”

The case has been full of twists and turns. The dispute stems to 2013 when the county treasurer began to question legal spending at the airport, refusing to pay certain legal bills without original invoices. The previous pattern had been for the airport to submit invoices with certain confidential information redacted. The treasurer contacted the airport attorneys directly, seeking to obtain original invoices.

“These actions set in motion the current flurry of legal punches and counter-punches,” Judge Moriarty wrote.

In April 2014 the airport filed a lawsuit in superior court to enjoin the treasurer from refusing to pay the invoices and from publicly disclosing unredacted copies of the airport legal bills.

The county commission then moved to appoint the county manager as an ex-officio, nonvoting member of the airport commission, which is permitted by statute. The airport amended its complaint to enjoin the county manager from serving on the commission, claiming such a move ran afoul of the grant assurances which prohibit any airport reorganization without approval of the state aeronautics board.

In August 2014, the Hon. Richard Chin, an associate justice of the superior court, ruled in favor of the airport by granting a preliminary injunction.

“Not to be outdone, on Sept. 24, 2014, the county voted to expand the size of the airport commission from seven to nine members,” Judge Moriarty wrote in the ruling this week.

One day later the administrator of the Massachusetts Aeronautics Division wrote to the county demanding an explanation.

More exchanges followed, and the airport again amended its complaint, seeking to prohibit any expansion of the airport board. Judge Chin again sided with the airport and the expansion was blocked.

In the ruling this week, Judge Moriarty said the airport commission is entitled to summary judgment because the facts of the case are not in dispute, and even in light most favorable to the county commission, the airport commission’s position is valid as a matter of law.

He was clear on matters involving county treasurer Noreen Mavro-Flanders’ refusal to pay invoices.

“Her refusal . . . violates the requirements of the grant assurances. It is undisputed that the [airport commission] is financially self-sufficient and that no county funds are expended for its operations. As such, the treasurer possesses no statutory oversight concerning these invoices,” the judge wrote.

He used similar reasoning in deciding whether county manager Martina Thornton may sit as an ex-officio member of the airport commission.

“This appointment clearly runs afoul of the promises made by the county in the grant assurances wherein it agreed ‘not to take any action to reorganize the airport commission,’” the judge wrote.

On the matter of expanding the airport board from seven to nine members, the county argued it had permission from state aeronautics officials to do so. The judge disagreed.

“I see nothing in the summary judgment record to suggest that the written approval of Aeronautics was obtained nor is there any record evidence to support the proposition that the requirement was waived,” he wrote.

Reached by telephone Tuesday, airport attorney David Mackey said he was pleased with the decision.

“We are happy with the result,” he said. “The judge’s decision is clear and speaks for itself.”

Leon Brathwaite, chairman of the county commission, could not immediately be reached for comment. But county commissioner John Alley, a former longtime airport commissioner who was ousted from the airport board by the county commission last year, said he was not surprised at the decision.

“I think it was a stunning and complete rejection of the county’s argument,” Mr. Alley said.

Comments

Submitted by Anonymous (not verified) on Wed, 06/10/2015 - 08:34

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Abolish

HOW MANY TIMES DO SOME OF US HAVE TO SAY """"""ABOLISH COUNTY GOVERNMENT"""""!
Another County Review Commission is overdue I believe! Wasnt it decided that every so often another review commission was to be formed to once again review the County?

Submitted by Anonymous (not verified) on Wed, 06/10/2015 - 09:02

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Very Annoyed Vineyard Haven

Yes to the Airport! No to the County! County Government needs to go bye-bye!

Submitted by Anonymous (not verified) on Wed, 06/10/2015 - 13:48

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Replace Current County Commissioners/Save the County West Tisbury

The problem with the County is not the function, it is the County Commissioners. They need to be refreshed, their
thinking is not working. We need fresh attitudes, new thinking, positive ideas, working as a team within the County
structure. Itis disapointing to see people of position act out with "cruel behavior" and acts of revenge. Lets get a
new team in and give the County a new opportunity to flourish.

Submitted by Anonymous (not verified) on Wed, 06/10/2015 - 14:06

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James C. K.

This is probably the worst chairman and bunch of county commissioners since the Borer /Sawyer days and they have a couple of those old timers still on-board.
I understand most of the Vineyard is for big government but for GOD's sake when will you all wake-up and see that government is the problem?
"For the first time in my life I can finally absolutely say that I am ashamed to be a American and a Native". All this craziness has trickled down to the county level and we are doomed!
So much for the Hope & Change and also the transparency that we were all promised.
(Any bets this comment is put in the shredder?)

Submitted by Anonymous (not verified) on Wed, 06/10/2015 - 15:05

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Sad Oak Bluffs

The problem with the County Commissioners is that they are old time politicians. They are control freaks and letting go of the Airport Commission is like trying to quit smoking. Commissioners snuff out your butts in the ashtray.

Submitted by Anonymous (not verified) on Wed, 06/10/2015 - 15:29

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They Haven't Learned! Tisbury

I am publicly formally requesting that County Commissioner & our Vineyard Haven's Selectman's Chairman Tristan Israel once again request that a County Review Committee be formed. A number of years ago Tristan and a very concerned and vocal Tisbury resident lead the charge to form that committee as confidence with the county commissioners was about as low as it is now.
We need another elected County Review Committee formed forthwith.
I believe it was agreed to that every few years maybe five or so that would automatically happen? Well I think the time is right. Am I the only one who thinks so?

BTW I would like to second the comment above titled -- Replace Current County Commissioners/Save the County, West Tisbury -

Submitted by Anonymous (not verified) on Wed, 06/10/2015 - 18:33

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Again MV Island

This seems to be a reoccurring theme, the County tries to say that it is important to the island residents because of all the programs that they offer. I have watched those meetings for many years and it is like watching Groundhog Day with Lenny Jason as Phil Connors. Please will some put an end to this, please. Maybe the selectman can do the right thing this time around and put an end to County Government.

Submitted by Anonymous (not verified) on Thu, 06/11/2015 - 13:35

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End County Government OB

There should definitely be a County Review Committee. The County Manager has no business being on the airport commission. It is a conflict of interest. The county manager seems to be in everyones business where she does not belong. Nasty habit to have.

Submitted by Anonymous (not verified) on Thu, 06/11/2015 - 14:16

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Set the Record Straight Chilmark

The meetings will show that John Alley was the only County Commissioner that consistently opposed the legal action taken by the Board. It is a shame no one else stepped up and realized it as foolishness by grown ups.

Submitted by Anonymous (not verified) on Thu, 06/11/2015 - 15:59

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Do your homework chilmark

Do your homework. I believe John Alley was the airport commissioners chairman when the lawsuit began DCC Vs DCAPC and Lenny was the DCC chairman.
Then the county commissioners canned Alley did not reappoint him to the airport commission but he retained his seat on the county commission! Anybody wonder why this is all such a mess?

Submitted by Anonymous (not verified) on Fri, 06/12/2015 - 09:21

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J C Murphy West Tisbury

It is my humble opinion it is not necessarily County Government that is the problem on Martha’s Vineyard, but rather the arrogance (not ignorance) of a few people on the Dukes County Commission, the Planning & Zoning boards, and the Martha’s Vineyard Commission. You had one person on the Dukes County Board defy the Constitution of Massachusetts by telling the Commonwealth to bug off. The Commission was not going to conform to the State Charter. You then had a Zoning Board member say he had designed loop holes to skirt the written zoning laws. In other words he could affect the lives of people based upon his own personal discretion. You had one attorney misrepresent the truth and encouraged voters at an Annual Town Meeting to vote in a manner based on an unpublished decision which means it can’t be used as a basis for other decisions, which he knowingly indicated it could. Regardless he used sophistry because it made a good flawed sound bite, and gave his paying public what they wanted to hear. All of these flaws cost money in future law suits and utter frustration as is proven in the past. The people of the island depend on these people in power to tell the truth and be tolerate and listen to the opinions of others in debates, as well as realize we on this island do not have an Island charter or an Island appellate court. They ridicule and misrepresent for their own ego or financial gain. That is the problem, not County Government. If the people of Martha’s Vineyard do not become involved in understanding the issues, but simple vote with their own self-serving interest, it will only get worse.

Submitted by Anonymous (not verified) on Sat, 06/13/2015 - 13:18

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Wow!! Tisbury

The AIRPORT should be getting all the legal expenses back from the COUNTY, they won. It was because of the COUNTY COMMISSION, COUNTY TREASURER and COUNTY MANAGER that forced them into this if I read the previous article correctly. I watch the most recent COUNTY COMMISSION meeting and they did not even discuss the loss of the case. They should have voted to set aside the airport legal expenses so that they can reimburse them for that.

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