Lufker Airport

Created 10/31/16

Sources

We usually try to use original sources for information provided.  Because many events occurred years ago and because of the number of records involved and time constraints, that has not been possible in this case. Please email if you spot an error.

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Some history

For Lufker Airport's history, there are limited sources.  Here's what's on Wikipedia, much of which was also reported by Anthony Buschatzke on Facebook recently:

"The airport was originally a farm field owned by Teddy Kijowski's father. The farm was used to grow cabbage, melons etc. Teddy began taking flying lessons from Frog Chapman's Airfield in the late 1940s which was located one mile to the west of Lufker Airport. . . . After Teddy soloed his first airplane, he began taking airplanes into his father's field. He used a dirt road that ran down the middle of the fields as his runway. The dirt road is where the current runway lays. Eventually, Teddy bought his own airplane and began keeping it on the field. He also turned the dirt road into a grass runway. Friends began to bring their airplanes there and people started to rent tie down spaces. . . . In the 1970s the airport was used for flight instruction and several airplanes were built from the ground up. . . .

"Teddy Kijowski sold the airfield to Louis Lufker in April 1984. . . . As an Army Reserve Aviator, Lou would bring Army helicopters into Teddy's Field and gave Mr. Kijowski a ride. A friendship started which would eventually lead to Teddy selling the field to Mr. Lufker.

". . . .

"Since 1984, Mr. Lufker has rented the field out to several banner towing operations and at one time operated a gliderschool. He also gave aerobatic flight lessons in his 1941 Stearman Biplane. Mr. Lufker is an A and P mechanic and maintains aircraft on the field. In the early 1990s Mr. Lufker opened a machine shop at the field. Lufker Precision Manufacturing made precision metal and plastic gears for the aircraft, automotive and medical industry. The field is home to general aviation aircraft including antique biplanes, ultralights, powered parachutes, helicopters, and gliders. There is also a skydiving operation and a non profit airplane museum called 'The Pioneers of Flight'." 

Prior Town litigation

When planes started flying in the cabbage field, the property was reportedly zoned C Residential.  In 1963, Michael Kijowski, Sr., had it changed to J Business 2; airfield use was apparently permitted in that district then.  Evidently certain covenants were required as a condition of the change (but so far they are not part of the court records we've seen).

In 1978 the zoning was reportedly changed from J-2 to B Residence, which did not permit airfield use.  The Town began communicating with the Kijowskis about violation of the 1963 covenants and the zoning ordinance (the details are not available).  Theodore Kijowski apparently sued the Town to get J-2 back and to modify certain 1963 covenants. The suit was resolved by a stipulation in 1983 recognizing the airfield as a pre-existing use, and the airfield was allowed to continue but with certain restrictions, namely, only 3 tie-downs, no flight instruction, and no commercial activities other than aircraft and auto repair and maintenance.  There seemed to be no restriction on the number of planes allowed in hangers.

It was back to court in 1987 through 1992, but what happened is not clear from the papers recently filed in court.  In March 1994, it's reported that the Kijowskis applied for a change of zone back to 1994 J-2, but did not pursue the application and it was deemed withdrawn in 1997.  They tried to prevail in court, but were unsuccessful, according to reports.   

In 1998, however, the Town asked for an injunction because of the alleged zoning violation, but also based on a state law (General Business Law, § 249) that requires certain approvals from both the Town and the State Commissioner of Transportation.  According to the decision as we have seen it, the court enjoined an airfield use on the property.  The Lufkers lost again on appeal of the decision in 1999 and then again in 2000 on a motion to take the case to the New York Court of Appeals.

Persistently, in March 2001 the Town asked the court to hold the Lufkers in contempt for their continued operation of the airport in violation of the 1998 injunction. But in October the court held there were issues of fact requiring a hearing.  Evidently there was no hearing that resulted in a decision, for in December 2003, the Town again moved to hold the Lufkers in contempt of court.  This time, in June 2005, the court held them in contempt and fined them $250 for operating an airport without first obtaining approval from New York State. 

Although the airport continued operations, the Town did nothing more in court until 2016.

Current Litigation

On August 10, 2016, the court, at the Town's request, ordered a temporary halt to airport activities at Lufker Airport, and scheduled a hearing to decide whether airport operations should be stopped permanently.  In making its request, the Town argued that the 1998 order enjoining certain types of operations and all aircraft activity without having obtained State approval as required by section 249 of the General Business Law.  It submitted a letter from 3 residents complaining of the violations, which were said to include skydiving flights.

The hearing on the permanent injunction has been adjourned several times.  On October 25, 2016, it was adjourned to January 17, 2017.  The temporary injunction halting airport operations will remains in effect until then.

Lufker's attorney has argued that the Town's interpretation of the 1998 decision is incorrect.  In his view, the court did not hold that the 1983 Stipulation no longer gave approval to aircraft activities on the property [at least activities within its terms], but at most that the Lufkers had not complied with section 249 of the General Business Law. But having communicated with the State Department of Transportation, he argues that Lufker has complied.  And he points out that it would be unfair for the Town to try to undercut a stipulation it entered into, especially when it was the Town, not the Lufkers, who Section 249 said should contact the State regarding local approval of airports.

The Town has submitted a reply to Lufker's attorney's opposition, but it has not been made available to us yet.

Other current developments; Lufker Airport's current zoning; solar code

These topics are covered on EMPOAweb's page on Spadaro Airport.