Ashton v. City of Concord, N.C. (2000) -- No. 16-00-01
Final Decision and Order (04/17/2001) [Determination No.83].
Lexis Cite:
2001 FAA LEXIS 448
Westlaw Cite:
2001 WL 865709
Author:
Woodward, Woodie, Acting Associate Administrator for Airports
Author Title:
Acting Associate Administrator for Airports
Complainant(s):
Ashton, Kent J.
Respondent(s):
Concord (N.C.)
Airport(s):
Concord Regional Airport (JQF)
History:
Petitions for review denied sub nom. Ashton v. FAA, 19 F. App'x 81 (4th Cir. 2001), cert. denied, 535 U.S. 906 (2002).
Holding:
Affirming Director's Determination of Oct. 16, 2000. See Determination No. 75.
Abstract:
In the original complaint, Complainant Kent Ashton alleged that Respondent, City of Concord North Carolina, sponsor of the Concord Regional Airport, engaged in activity that violated Grant Assurance 22 and the Fourteenth Amendment of the U.S. Constitution. Complainant alleged that Respondent's requirement that he sign an Aircraft Storage Permit containing a 'non-voluntary lease termination provision' violated Grant Assurance 22 because it was not necessary for the safe and efficient operation of the Airport, confusing, ambiguous, open to interpretation and contradictory in nature. Complainant further alleged that Respondent violated his liberty interest guaranteed by the Fourteenth Amendment by restricting his use of the Airport without procedural due process. The Director found no violation of Grant Assurance 22 and found that it had no jurisdiction to consider the Fourteenth Amendment claim. Complainant appealed. The Associate Administrator affirmed all findings of the Director’s Determination.
Index Terms:
Unjust economic discrimination|Economic Nondiscrimination (Grant Assurance 22)|Constitutional issues|Unreasonable restriction|Eviction|Bad behavior|Non-aeronautical use|Hangar lease|Criminal law