Wilmington International Airport (“ILM”) disputes Cape Fear Costal Aviation’s (“CFCA”) assertions that it has acted improperly or unlawfully in connection with CFCA’s sublease with Modern Aviation (“Modern”). To the contrary, ILM has acted appropriately and objectively in accordance with its obligations as a landlord and as a commercial airport. Indeed, ILM has actively engaged with CFCA and Modern to address concerns and ensure compliance with applicable requirements.
By way of background, Modern leases hangar and office space from ILM. CFCA is a is a flight school and training center at ILM. CFCA, and its partner ARQ, recently entered into a commitment with ILM for its own facility, which is anticipated to be constructed in 2026. Currently, CFCA subleases space from Modern and stores some of its aircraft on Modern’s leased premises
To be clear, Modern did not notify ILM before sending its notice of termination of its sublease with CFCA to CFCA. It is, therefore, not accurate that ILM “permitted” Modern to take that step, as CFCA contends. ILM is aware of the current commercial dispute between CFCA and Modern that is currently the subject of litigation in the New Hanover County Superior Court (“Court”). ILM is not a party to the litigation.
In early March, the Court granted partial summary judgment in favor of Modern concluding that the sublease between Modern and CFCA was unambiguous and permitted Modern to terminate CFCA’s sublease “at any time, without any reason being given, by giving sixty days’ notice” to CFCA. The Court observed further that CFCA admitted that it entered into that sublease and that Modern had notified CFCA in writing on December 5, 2024 of the sublease termination. The Court concluded that Modern’s termination notice was valid and effective. Modern did not seek an Eviction Order at the time.
After the Court granted partial summary judgment, CFCA representatives contacted ILM to express concerns regarding the dispute between Modern and CFCA – both informally and formally by letter from its counsel. Upon learning of the concerns, ILM began an inquiry into the matter and promptly reached out to Modern and CFCA representatives to discuss the matter and remind the parties of their legal obligations and to facilitate resolution of CFCA’s concerns regarding access to Modern’s premises.
During these discussions over the past several weeks, ILM learned from Modern and CFCA that CFCA hired a private security force to occupy the formerly subleased office space 24/7, and that there was active tension between that security force and Modern’s representatives. ILM requested that Modern cease its efforts to use self-help to evict CFCA from its office space. Modern complied with ILM’s request on April 24 and provided a key to CFCA to the formerly subleased office space.
CFCA responded by refusing to discharge the private security force and by making additional demands relating to the storage of its aircraft and access to common resources (including internet access) at the airport. ILM immediately discussed the situation with Modern. As a result, by April 25 Modern confirmed CFCA’s Internet access was working (and had never been disabled) and that CFCA had access to the ramp and common areas of the airport. Modern stated that it would continue to provide access to overnight ramp parking, hangar space, fueling, GPU, lavatory service, towing, and any other standard FBO services.
ILM understood the CFCA’s concerns had been fully addressed. Notwithstanding the resolution of CFCA’s concerns and restoration of its access, on April 28, 2025 CFCA notified ILM that it had filed an informal complaint with the Federal Aviation Administration (“FAA”) contending that ILM has treated them unfairly and in doing so, violated ILM’s federal obligations. CFCA’s allegations are without merit, and ILM intends to vigorously dispute CFCA’s claims.
Among the issues raised by CFCA is an unfounded assertion that ILM is improperly working to establish a program between Cape Fear Community College (“CFCC”) and Epic Flight Academy (“Epic”), a potential new flight school tenant (and competitor to CFCA) at ILM. ILM has treated Epic just as it has treated other potential tenants. More specifically, ILM responded Epic’s by providing a link a link to the appropriate New Hanover County Code regulating minimum standards and referring Epic to Modern, Aero Center Wilmington, and a member of the Board of Trustees of Cape Fear Community College to discuss options. ILM’s response was no different than its response to others similarly situated at the airport.
In response to CFCA’s allegations, Executive Director Jeff Bourk offered the following:
“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.”
###
About the Wilmington International Airport: The Wilmington International Airport serves southeastern North Carolina with commercial air service on American, Avelo, Breeze, Delta, JetBlue, United, and Sun Country. These airlines provide nonstop service to twenty-eight markets, connecting travelers to hundreds of destinations. The airport has grown by 58% in recent years and is one of the fastest growing airports in the country. In addition to commercial air service, ILM supports a growing general aviation community and has two FBOs, Modern Aviation and Aero Center Wilmington. The ILM Business Park encompasses 140 acres and is strategically located in an intermodal environment. The NCDOT Division of Aviation’s 2024 report estimated ILM’s economic impact at $3.3 billion. For more information on ILM, please visit flyILM.com.
