18 Misc. 2d 802 | N.Y. Sup. Ct. | 1957
In this action a declaratory judgment is sought declaring the rights of the parties in a proposal to lease a municipally owned airport.
The plaintiff Lamb was the lessee in a prior lease that terminated July 31, 1956. The plaintiff, East Hampton Airport, Inc., Lamb’s corporation, is an applicant for a sequential lease of the airport which is owned by the Town of East Hampton. The defendant Town Board is vested with authority to lease the airport by virtue of section 352 of the General Municipal Law.
Pursuant to that section the board published notice of a public hearing to be held for the consideration of a proposal made by the defendant Hampton Airways Corporation to lease the airport, and following the hearing held pursuant to the notice, adopted a resolution approving a lease of the airport to that defendant.
Presently before the court for determination are plaintiffs’ application for an injunction restraining execution of the lease pending adjudication of this action for declaratory judgment and defendants’ motion for judgment dismissing the complaint upon the grounds specified in subdivision 4 of rule 106 of the Rules of Civil Practice. The defendants’ motion will be considered first.
. Inter alia the complaint alleges that the resolution of the defendant Town Board proposing to lease the airport to the defendant Hampton Airways Corporation does not propose the execution of a lease embracing terms in accordance with those stated to be considered at the hearing held, pursuant to the notice, in that the terms were subsequently changed and altered, thus rendering the resolution void, it being plaintiffs’ contention that section 352 requires that as a prerequisite to
It is the board’s position that it fully complied with section 352 in that the notice of public hearing contained the general terms and conditions of the proposal to lease made by defendant Hampton Airways Corporation; that a public hearing was held, pursuant thereto, and that publication of the notice setting forth the general provisions of the lease and the holding of the hearing were all that was required by the section.
Attacking that position of the board, the plaintiffs challenge the partiality of the Supervisor presiding at the hearing and assert that his actions thereat were violative of the requirements of the section in that they were destructive of the legal interpretation of a public hearing.
In ruling upon the first contention, the court can read no requirement in the section that would obligate the board to steps other than those taken. Subdivision 5 of section 352 directs that a legislative body may lease a municipally owned airport ‘ ‘ provided, however, that no such lease or contract shall be made until the governing body of the municipality shall have held a public hearing in respect thereto on at least ten days notice published in two newspapers having a general circulation in the municipality, and provided further that any lease of an entire airport or landing field, or contract for the operation of an airport or landing field shall be for a term not exceeding ten years and shall expressly provide that the said airport or landing field shall be used only for aviation purposes and for other purposes required for or necessary to the efficient and successful operation of an airport or landing field, upon such terms as shall require the operation of the same as a public airport or landing field for the general use of the public and for the benefit of such city, county, village or town.”
The procedure directed was followed. That there were extraneous discussions of terms not set forth in the notice of hearing does not invalidate the actions of the board. To hold otherwise would be to divest the board of an opportunity to enter into a lease most advantageous to the township and to compel publication of a lease, the terms of which could in no wise be varied, however the variation or variations would benefit the township.
However its disapproval of the conduct of the hearing, the court is here faced with determining whether an action for declaratory judgment is a proper and adequate remedy in light of the entire situation presented herein. If a declaratory judgment will serve a useful purpose in that it will end the controversy between the parties, stabilize their legal relations and fix their legal rights, the court will entertain the action.
An examination of the decisions of Special Term involving entertainment in actions for declaratory judgments reveals an extreme lack of concurrence. However, it would appear from the decisions that they are uniform in requiring that as a prerequisite to entertainment of an action for declaratory judgment the judgment must be determinative of the rights of the parties and finally terminate the controversy. If inadequate to fix the rights of the parties and finally determine the controversy, the court will decline to entertain the action.
In the instant action, the board was and is empowered by section 352 of the General Municipal Law to lease the airport
The defendants’ motion for judgment dismissing the complaint is granted, and the temporary stay heretofore granted herein is vacated.