Flight school sues landlord company, files complaint against ILM
WILMINGTON, NC (WWAY) — A flight school based at Wilmington International Airport that offers simulator-based training is suing to stay in its current location.
Cape Fear Coastal Aviation, or CFCA, is suing Modern Aviation, the company that leases office space and hangars to the flight school.
CFCA claims Modern Aviation issued a termination notice back in December to make room for another flight school, despite more than a year remaining on its lease.
Attorney Cory Reiss, who represents CFCA, said Modern Aviation changed the locks and moved the school’s aircraft outside.
He said the goal of the lawsuit is simple.
“Modern simply honors the terms of the 3-year lease that it has with Cape Fear Coastal Aviation and no more,” Reiss said. “That’s what we’re after with the litigation that has ensued. Now, Modern has caused a lot of damages that it will have to, we believe, answer for later in further litigation.”
Reiss also claims Wilmington International Airport failed to protect CFCA from Modern’s actions.
That’s why on Monday, CFCA filed a complaint with the Federal Aviation Administration against the airport.
“The airport had refused to take steps that we believed were necessary to protect a tenant from discriminatory and unlawful conduct, which we contend placed the airport in violation of Federal Aviation Administration rules and regulations.”
In a statement sent to WWAY, airport director Jeff Bourke said:
“It is unfortunate that CFCA has taken these actions against the Airport, but I am confident in ILM’s position and favorable resolution of the issues raised. The Airport Authority has signed several leases enabling general aviation development at ILM that will create 70,000+ square feet of new hangar development, not including the development CFCA and its partner, ARQ, have committed to build.
General Aviation at ILM is very important to the Airport Authority and to me, as well. I learned to fly and earned my pilots license as a teenager. I started my career in aviation at one of the largest GA airports in the country. During my tenure at ILM, I have helped start several initiatives to grow and improve General Aviation, such as Cape Fear General Aviation Days (typically taking place twice per year) and ACE Camps that encourage kids to get involved in aviation. ILM has hosted class trips and the Wilmington Chamber leadership development academy events at ILM. I have also worked with airline partners to provide flights to kids to educate them about the aviation industry. For some participants, this was their first flight.
ILM looks forward to setting the record straight with respect to these unfounded allegations and continuing to support the general aviation community.”
Bourke added that ILM was not told by Modern Aviation about the termination notice ahead of time.
Last month, the New Hanover County Superior Court concluded that Modern’s termination notice was valid and effective.
Reiss said they have appealed that decision, and it has been sent to the North Carolina Court of Appeals.