Judge Bars Airport Commission From Airport Operations

A judge has ruled that the city of Charlotte, NC will retain control of Charlotte Douglas International Airport. Superior Court Judge Robert Ervin ruled that the Charlotte Airport commission may not run the airport without prior approval from the FAA.

The permanent injunction had been requested by the city after the North Carolina General Assembly passed legislation last year transferring control of the airport to the Airport Commission. The lawmakers said that the move was necessary to protect the airport from interference on the part of the city.

City officials called it a "power grab."

The Charlotte Observer reports that the commission has been meeting since last year, though they never took over airport operations while the suit worked its way through the court. They did appoint a successor to long-time Aviation Director Jerry Orr, who was also the commission's executive director. Orr retired after 24 years of operating the airport. The commission, in its only official act, selected Brent Cagle to succeed Orr. Cagle is the city's interim aviation director.

But the Judge's ruling does leave open the possibility that the FAA can strip airport operations from the Charlotte City Council and give that authority to the Airport Commission. That fact led State Senator Bob Rucho (R) to say that the ruling is actually a win for the commission. He said that FAA approval is the only roadblock to the Commission operating the airport.

However, the FAA said in a letter last month that it would only consider a transfer of authority over the airport if it is requested by the city ... something that is apparently not likely to happen.

Rucho said that the city is obligated by law to "help the commission." The law, Rucho said, requires the city to "obtain a determination from the FAA that the Commission may operate the airport.”

Rucho has also accused former Charlotte Mayor Anthony Foxx, now the Secretary of Transportation, of influencing the airport fight from his position in Washington, D.C. The legislator said the FAA "really has no choice but to issue the certificate." A spokesman for the city would not comment on whether the city would help the commission obtain the certificate.

Under Judge Ervin's ruling, the commission is also responsible for paying the legal fees associated with the suit.

“We have consistently stated from the beginning of this conflict that the attempted transfer was both unnecessary and poorly designed,” said Charlotte City Attorney Robert Hagemann in a news release. “While the Court’s permanent injunction leaves open the possibility of FAA approval, the governance and management structures established by the legislation are unacceptably confusing and – in our analysis – unworkable under FAA standards.”

“We hope that this ruling will lead to the end of this legal dispute so that we can continue to focus our efforts on the operations and prosperity of the airport,” said Mayor Dan Clodfelter.

FMI: http://charmeck.org/