Airport Authority files dual civil suits: Effort in order to recover delinquent lease payments - Eastern WV Regional/Shepherd Field (KMRB), Martinsburg, West Virginia

MARTINSBURG - After an executive session during their regular monthly meeting Tuesday, Eastern Regional Airport Authority members unanimously voted to file civil suits in circuit court to try to recover delinquent lease payments from two companies.

Aviation Solutions owes more than $40,000 going back close to two years, Rick Wachtel, chairman of the Airport Authority, said after the meeting.

Action Aviation owes about $10,200 that is four or five months overdue, Wachtel said.

Aviation Solutions is located in the Airport Authority's business park. Jason Kuhn bought the property out of bankruptcy in early 2011.

The 62,000-square-foot building with direct access to the airport's runway was the assembly plant for Tiger Aircraft, which made general aviation airplanes from 2001 to 2006, putting together 50 of the four-seat planes before going bankrupt in 2007.

Kuhn planned to manufacture aircraft parts and offer aircraft maintenance and repair at the facility.

The West Virginia Economic Development office authorized $3.2 million in bonds for the purchase of the building.

Action Aviation owns the former Sino-Swearingen Aircraft Corp. plant in the business park. San Antonio, Texas-based Sino-Swearingen assembled parts of the SJ30 corporate jet there.

Action Aviation, with offices in England and the United Arab Emirates, bought the facility and lease in 2011 after Emivest Aerospace Corp., which bought a controlling interest in Sino-Swearingen in 2008, declared bankruptcy in 2010. Emivest also was headquartered in the UAE.

The now-vacant assembly plant consists of a 25,000-square-foot finished office space and a 67,500-square-foot manufacturing/hangar space on 33 acres with direct access to the airport's runway.

Wachtel said after Tuesday's meeting that he had been personally assured Action Aviation's payment would be made, but Airport Authority members voted to go ahead with the suit just in case the payment is not forthcoming.

The companies own the buildings, but the Airport Authority owns the land on which the facilities sit.

In the lease agreement, the Airport Authority ultimately can take ownership of the buildings if the delinquent payments are not made.

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