Boca Raton Jet Ctr., Inc. v. Boca Raton Airport Auth. -- No. 16-97-06
Final Director's Determination (08/20/1999) [Determination No.53].
Lexis Cite:
1999 FAA LEXIS 806
Westlaw Cite:
1999 WL 732710
Author:
Bennett, David L., Director
Complainant(s):
Boca Raton Jet Center, Inc.
Respondent(s):
Boca Raton (Fla.) Airport Authority
Airport(s):
Boca Raton Airport (BCT)
History:
Petitions for review denied sub nom. Boca Airport, Inc. v. FAA, 389 F.3d 185 (D.C. Cir. 2004).
Holding:
Dismissing complaint. See Director's Determination of Dec. 22, 1997 (Determination No. 35).
Abstract:
The Director's Determination found that Respondent, Boca Raton Airport Authority, owner and operator of the Boca Raton Airport, violated the exclusive rights prohibition of Grant Assurance 23 by leasing the only remaining undeveloped parcel of land to the incumbent FBO to expand its facilities even though the incumbent did not have an immediate need for such expansion. The Complaint was dismissed upon receipt of an acceptable corrective action plan that would eliminate the exclusive right by establishing that the Respondent, under its proprietary rights, would construct and operate several aeronautical facilities on the last remaining undeveloped land at the Airport.
Index Terms:
Corrective Action Plan (CAP)|Exclusive Rights (Grant Assurance 23)|Pre-complaint resolution|Options|Intervenor|Procedure|Demonstrated immediate need|Fixed-base operator (FBO) agreement