CARLSBAD — A San Diego Superior Court judge on Friday denied a request to temporarily halt commercial American Airlines flights at McClellan-Palomar Airport, ruling that the plaintiffs failed to show sufficient harm to justify stopping the service.
Citizens for a Friendly Airport, a Carlsbad-based advocacy group, filed the motion for a preliminary injunction as part of its ongoing lawsuit against the County of San Diego.
The group is challenging the county’s approval of a lease agreement with American Airlines, alleging the decision violated a 2021 court order requiring consultation with city officials before authorizing commercial air service.
In a March 30 statement, the group said it was seeking to suspend the twice-daily flights between Carlsbad and Phoenix “until the trial is over.”
The flights, operated by American Airlines’ regional carrier Envoy Air under the American Eagle brand, began Feb. 13. The San Diego County Board of Supervisors approved the lease in January, bringing commercial service back to the Carlsbad airport for the first time in nearly a decade.
American Airlines criticized the timing of the request, noting the motion was filed nearly two months after the lease was approved and flights had already begun. Halting service now, the airline argued, would result in actual and irreparable harm, including loss of revenue, reputational damage and layoffs.
Citizens for a Friendly Airport rejected those claims, calling them exaggerated. In a statement, the group said American Airlines is overstating the financial impact of suspending a limited number of daily flights, particularly for a company with a multibillion-dollar market valuation.
Cory Briggs, attorney for Citizens for a Friendly Airport, argued the county violated a permit established in 1980 that designated the airport for general aviation and basic transport — also known as a B-II airport.
However, Superior Court Judge Gregory Pollack said the plaintiffs did not meet the legal threshold required for injunctive relief.
“It’s not even a close call,” Pollack told Briggs. “You’ve not satisfied that prong at all. This is a situation where $600,000 would be lost in contract; there are jobs involved, there are passengers as well. And your motion is not asking to freeze the status quo — you’re asking to dramatically disrupt it.”
In court filings, the county and American Airlines argued that the lease complies with McClellan-Palomar Airport’s conditional use permit, or Coastal Development Permit 172. The permit, they said, allows for both scheduled and unscheduled commercial airline operations.
In a statement to the Coast News following the ruling, Jack Yeh, the attorney representing American Airlines on the matter, said the judge made the correct decision.
“We think the court made the right decision in evaluating the merits of the preliminary injunction, and I look forward to having a hearing on the merits,” Yeh said.
The county and American Airlines have contended that the lawsuit is preempted by federal law, including oversight from the Federal Aviation Administration and the Airline Deregulation Act. The airline called the lawsuit “an unlawful attempt to directly regulate aircraft operations and service.”
An injunction blocking the commercial flights would have had serious financial consequences for McClellan-Palomar Airport, which is facing a projected $3.8 million budget shortfall for the 2024-25 fiscal year.
A case management conference is scheduled for Nov. 4, when a trial date may be set.
Correction: A previous version of this article incorrectly stated that attorney Jack Yeh represents the County of San Diego. Yeh is counsel for American Airlines in this case. The article has been updated to reflect this correction.
