County of Erie v. Colgan Air, Inc.
2013 U.S. App. LEXIS 4474
2d Cir.2013Background
- Erie County sued Colgan Air, Pinnacle Airlines, and Continental Airlines for emergency-response and cleanup costs from Flight 3407's Feb 12, 2009 crash near Buffalo.
- District Court dismissed under Rule 12(b)(6) as barred by New York's free public services doctrine.
- New York generally bars recovering public expenditures incurred performing governmental functions.
- County asserted five causes of action: negligence, res ipsa loquitur, public nuisance, NY Public Health Law §1306, and NY General Business Law §251.
- District Court did not treat immediate crash response as a public nuisance under §1306; court rejected other statutory exceptions.
- Appellate review is de novo of Rule 12(b)(6) dismissal; New York law governs elements and defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the free public services doctrine bars recovery | Erie County relies on exceptions to doctrine | Public expenditures are generally non-recoverable | Barred by doctrine; no applicable exception applied |
| Whether §1306 provides a statutory nuisance exception to recover costs | Costs fall within nuisance or health-detrimental conditions | No continuing nuisance; not within §1306 | No §1306 recovery; crash response not a continuing nuisance |
| Whether any general nuisance or statutory exception exists to permit recovery | Public nuisance or §1306 exception should apply | No general nuisance exception; §1306 limited to ongoing nuisances | No recoverable expenses under either theory; district court affirmed |
Key Cases Cited
- Koch v. Consolidated Edison Co. of N.Y., 62 N.Y.2d 548 (N.Y. 1984) (public expenditures for emergency services generally non-recoverable)
- City of Flagstaff v. Atchison, Topeka and Santa Fe Ry. Co., 719 F.2d 322 (9th Cir. 1983) (public-cost-splitting rationale for nuisance-related costs)
- District of Columbia v. Air Florida, Inc., 750 F.2d 1077 (D.C. Cir. 1984) (recovery not warranted where emergency costs are tax-supported public services)
- Town of Cheektowaga v. Saints Peter & Paul Greek Russian Orthodox Church, 205 N.Y.S. 334 (N.Y. Sup. Ct. 1924) (illustrates limits of nuisance-based recovery for adjacent health concerns)
- Bank of N.Y. v. Amoco Oil Co., 35 F.3d 643 (2d Cir. 1994) (weight given to New York Court of Appeals in defining New York law on the issue)