Appalachian Star Ventures, Inc. v. Tri-City Airport Comm'n -- No. 16-96-02

FAA Docket No:

16-96-02

Lexis Cite:

1997 FAA LEXIS 1534

Westlaw Cite:

1997 WL 1120736

Author:

Bennett, David L., Director

Author Title:

Director

Complainant(s):

Appalachian Star Ventures, Inc.|Appalachian Flying Service, Inc.|Appalachian Aviation, Inc.

Respondent(s):

Tri-City Airport Commission (Tenn.)

Airport(s):

Tri-Cities Regional Airport (TRI)

History:

Affirmed by Final Decision and Order of Oct. 22, 1997. See Determination No. 33.

Holding:

Dismissing complaint.

Abstract:

Complainant FBO filed a complaint against Respondent, Tri-City Airport Commission, sponsor of the Tri-City Regional Airport, alleging that Respondent violated its federal obligations regarding Exclusive Rights under Grant Assurance 23 and Economic Nondiscrimination under Grant Assurance 22. Complainant had leased two properties from Respondent until it filed for bankruptcy. Complainant filed its Part 16 complaint almost 28 months after Respondent repossessed the leaseholds. Complainant claimed that Respondent destroyed its business by refusing to permit it to make lease payments in the same manner as similarly situated lessees and by charging higher rent than it charged to other FBOs. The Director dismissed the Complaint for lack of standing.|Lack of Standing:|Complainant lacked standing to file complaint under Part 16 where it had not had a business relationship with Respondent for almost 28 months. Although "a lack of an ongoing business relationship should not deprive [a complainant] from standing, especially when the complainant contends that the airport's noncompliance lead to the demise of the business relationship . . . there is a limit to the time between the last business relationship and the filing of a complaint to meet the requirements of Part 16 and to find that the complainant still is substantially affected." 28 months is "beyond the scope of time to argue that the airports noncompliance has a substantial effect on the complainant." (p. 12).

Index Terms:

Standing