Neighbors lose bid to evict helicopter - NorthStar to stay at Somerset Airport
July 12, 2006
An argument that a State Police emergency medical services helicopter can operate only from a hospital, and should not be located at an airport in Somerset County, was tossed out by a judge yesterday, who left his courtroom in Somerville with a smile.
"It has been a very interesting case, made even more interesting by the lawyers who made its presentation," said a polite state Superior Court Judge Robert B. Reed after the nearly three-hour hearing was punctuated by battles over se mantics.
The debate had been over the words "hospital-based," found in legislation that created the NorthStar Medevac program serving the northern half of New Jersey since 1988.
Lawyers for the Bedminster, Bridgewater, Branchburg Concerned Citizens Coalition had ar gued the words meant the helicopter literally had to be at a hospital, and not at its current home at Somerset Airport in Bedminster.
But Reed disagreed during an often restrained verbal exchange with BBBCCC attorney Howard Teichman.
"The phrase 'hospital-based' has more than one plausible meaning," Reed told the court when he dismissed the case.
It was Somerset Airport owner Dan Walker's fifth legal victory to keep the NorthStar program. Walker left the court saying he was unimpressed by the "hospital- based" argument. "I think it was a shot in the dark by the BBBCCC," Walker said.
NorthStar originally operated from University Hospital in Newark, before moving to Somerset Airport 16 months ago, where its noise and pollution sparked the ire of the BBBCCC.
The controversy brought six lawyers into Reed's courtroom yesterday, including one representing media mogul and former presidential candidate Steve Forbes, who lives near the airport. The BBBCCC's head, attorney Alan Harwick, also came, but deferred to Teichman to make the "hospital- based" argument.
Teichman said NorthStar's move violated the statute that created the emergency medical transportation program, interpreting the language of the legislation as say ing the helicopter should have physically remained at a hospital.
"The Legislature means every word it says," Teichman said. Reed was a hard sell on the narrow interpretation.
"I don't know that we can have such a myopic view of 'hospital- based,'" said the judge.
Reed said the statute called for a medical intensive care unit, or regional trauma center, to oversee the medical operations on the helicopter, and the program's purpose was, "to get people quick, and save lives," in rural areas.
Lawyers for the airport and University of Medicine & Dentistry of New Jersey, which runs medical services on NorthStar, borrowed from Reed to debunk the BBBCCC.
"The plaintiff is taking its own myopic view because that's the only position it can take to satisfy the interests of the individuals of its organization," said Deputy At torney Gen. Michael J. Gonnella, representing UMDNJ.
Reed explained in closing remarks, "this court cannot turn on literalisms," and dismissed the case with a smile and farewell to the lawyers. The judge would not be re turning to any future Medevac-related cases, because of a transfer to the criminal division.
Ahead remains a BBBCCC lawsuit challenging a Bedminster Township septic system approval needed to convert hangar space for NorthStar at Somerset Airport, and appeals filed over the previous losses, Harwick said.
The BBBCCC head left the court convinced the judge's decision was swayed by NorthStar's lifesaving mission. "This judge made the determination that, under his watch, nobody is going to be left bleeding on the roadside," Harwick said.
Ralph R. Ortega may be reached at rortega@starledger.com or (908) 429-9925.
Ralph R. Ortega
The Star-Ledger
