A North Whidbey resident filed a lawsuit against the Port of Coupeville disputing the port’s claim to the A.J. Eisenberg Airport in Oak Harbor, according to court documents.

Robert DeLaurentis, a general aviation pilot, filed the complaint for specific performance, declaratory judgment, quiet title and intentional interference with contract in Island County Superior Court April 28.

DeLaurentis said this latest move in his ongoing struggle with the port over airport ownership was a last resort.

“My absolute last desire is to ever enter into a lawsuit with anybody, but we don’t have any other options at this point,” he said.

According to court documents, DeLaurentis claims the Port of Coupeville has no right to purchase the airport and that A.J. Eisenberg Airport LLC, is in violation of its contract with DeLaurentis for allowing the port to move forward.

DeLaurentis made a formal offer on the airport in November of last year. On Dec. 2, 2022, he entered into a purchase and sale agreement with the airport and subsequently paid $55,000 of earnest money to an escrow agent, court documents state. He intended to close on May 5.

The Port of Coupeville countered in January, voting to make an offer of its own on the property. According to court documents, the port never made this offer. While the port worked to secure financial partnerships with Island County and the city of Oak Harbor, DeLaurentis had the airport in escrow and initiated environmental assessments at the site.

In early March, court documents state, the Eisenberg estate notified an adjacent property owner, Geri Morgan, of her right of first refusal on the airport. According to court documents, Morgan; her neighbor, Ralph Collins; and the airport’s previous owner, Harbor Airlines Inc. entered into an agreement that granted Morgan and Collins the right of first refusal on the property.

Morgan in turn notified the estate of her intent to exercise her right, which she assigned to the Port of Coupeville. The port paid $55,000 in earnest money, as per DeLaurentis’s original purchase and sale agreement.

DeLaurentis argues, however, that Morgan and Collins forfeited their right when they did not exercise it back in 2008, when the airport was foreclosed and sold at auction to A.J. Eisenberg. The assignment of that right to the Port of Coupeville, therefore, is void, DeLaurentis and his attorney claim.

Court documents also state that the Port of Coupeville is unable to meet the terms of DeLaurentis’ purchase and sale agreement, rendering its acceptance of the right of first refusal invalid. DeLaurentis further argues that the port cannot purchase the airport without expanding its boundaries to include the airport, which currently lies outside of its boundaries.

Port officials have previously stated that the port may legally purchase property outside of its boundaries.

DeLaurentis claims that the Eisenberg estate violated its purchase agreement by alerting Morgan to her right of first refusal and honoring the port’s acceptance of the assignment of the right.

The port, A.J. Eisenberg Airport LLC, Morgan and Collins are all listed as defendants in the lawsuit.

In an interview, DeLaurentis reiterated that his plan is to repair critical infrastructure at the airport to keep it safe for pilots and reintroduce commercial services. He said he intends to hire professional management and transfer ownership of the property to his foundation, the DeLaurentis Foundation, which will also fund airport operations.

“My option doesn’t cost the community any money,” he said.

DeLaurentis said it surprised him that the port continued to pursue ownership of the airport after he had already entered a purchase and sale agreement. The pilot said he has proposed potential public-private partnership options to the port which would allow it to develop some of the land on the property, earn revenue and participate in the revitalization of the airport, but the port has turned down these offers.

Port Executive Director Chris Michalopoulos declined to comment on the litigation. The port will hold a public hearing on the airport at noon on May 17 in Barn A at the Greenbank Farm, which will also be available to watch on Zoom. The port’s next regular public meeting will take place at 10 a.m. on May 10 at the Jim Davis House on Greenbank Farm, with a Zoom option online.