UNITED STATES v. COUNTY OF WESTCHESTER

Nos. 83 Civ. 3499(RJW), 81 Civ. 6177(RJW), 81 Civ. 6243(RJW) and 81 Civ. 6227(RJW).

571 F.Supp. 786 (1983)

UNITED STATES of America, Plaintiff, v. The COUNTY OF WESTCHESTER, Defendant. NATIONAL BUSINESS AIRCRAFT ASSOCIATION, Plaintiff, and Federal Aviation Administration, Involuntary Plaintiff, v. Andrew P. O'ROURKE, County Executive of the County of Westchester; Samuel S. Yasgur, Attorney of the County of Westchester; the Board of Legislators of the County of Westchester, and the County of Westchester, Defendants. PANORAMA FLIGHT SERVICE, INC., Plaintiff, v. COUNTY BOARD OF LEGISLATORS FOR the COUNTY OF WESTCHESTER, Westchester County, Samuel S. Yasgur, Attorney for County, and Andrew P. O'Rourke, County Executive, Defendants. AIRCRAFT OWNERS AND PILOTS ASSOCIATION, Plaintiff, v. Andrew P. O'ROURKE, County Executive of the County of Westchester; Samuel S. Yasgur, Attorney of the County of Westchester, the Board of Legislators of the County of Westchester, and the County of Westchester, Defendants.

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

August 24, 1983.


Attorney(s) appearing for the Case

Joseph, Powell, McDermott & Reinger, P.C., Washington, D.C., Herzfeld & Rubin, P.C., New York City, for plaintiff National Business Aircraft Ass'n.

John S. Yodice, Frederick, Md., Callahan & Wolkoff, P.C., New York City, for plaintiff Aircraft Owners & Pilots Ass'n.

Rudolph W. Giuliani, U.S. Atty., Susan Campbell, Asst. U.S. Atty., New York City, for involuntary plaintiff Federal Aviation Admin.

Samuel S. Yasgur, White Plains, N.Y., for defendant County of Westchester, et al.

McDonough, Marcus, Cohn & Tretter, New York City, for plaintiff Panorama Flight Service, Inc.


FINDINGS OF FACT

ROBERT J. WARD, District Judge.

A. The Parties

The Federal Aviation Administration ("FAA") is an operating administration of the United States Department of Transportation and is responsible for the regulation and control of the National Flight Control System. The National Business Aircraft Association ("NBAA") is a corporation organized under the laws of the State of New York whose purpose is to protect and promote the...

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