A judge will consider
arguments from the city of Charlotte and the state Friday about who
should run Charlotte Douglas International Airport, in what could be the
most decisive hearing to date. But a final decision is likely still
months or more away.
The dispute over who should be in charge of
the nation’s eighth-busiest airport has stretched on for more than a
year. The legislature created the Charlotte Airport Commission in July
2013 to take control of Charlotte Douglas, which had been overseen by
City Council. The city sued to block the group, and a judge issued a
temporary injunction blocking the commission from taking control.
The
commission has been under that injunction ever since, while City
Council remains in control of Charlotte Douglas. Friday afternoon,
Superior Court Judge Robert Ervin is scheduled to consider a motion by
the state to dismiss the city’s lawsuit. He’ll also consider a motion by
the city to declare the commission unconstitutional, because, according
to the city, it usurps the Federal Aviation Administration’s power to
issue airport operating certificates.
Ervin doesn’t have to rule
immediately, and could take both sides’ arguments under advisement and
issue a ruling at a later date. But whichever way he rules, the losing
side is likely to appeal, dragging the case out for many more months.
At
a previous hearing almost a year ago, Ervin said he was reluctant to
rule on whether the city or the commission should run the airport.
Instead, the judge said the FAA needs to make that decision – and as a
state judge, his ruling wouldn’t have an effect on the federal agency.
“Normally,
when I issue a ruling, I’m binding somebody,” Ervin said last year.
“You’re asking me to issue a legal opinion to someone who’s not even in
the courtroom. … It’s just a piece of paper someone can send or fax to
the FAA and say, ‘Here’s what this judge thinks.’”
At the same
time, the FAA hasn’t shown any signs of moving quickly to resolve the
dispute. Last month, the federal agency said it hasn’t begun looking
into the question. In a sign of how convoluted the whole dispute has
become, the FAA said it won’t examine the commission’s reques until the
city – which is trying to keep control of the airport – asks it to do
so. The FAA also said it was awaiting the resolution of the legal
dispute around the commission.
In a contentious meeting last
month, the 13-member commission couldn’t reach a decision on what to
tell its lawyers to do in the lawsuit. As a consequence, the commission
didn’t file a brief on its behalf and isn’t expected to fight vigorously
for itself at this hearing. The N.C. Attorney General’s office is
arguing on the commission’s behalf.
Though the commission has met
a half-dozen times, the group has been mostly restricted to discussing
the airport and familiarizing itself with Charlotte Douglas. The
commission has also faced persistent questions about whether its members
are really committed to seeing the group take control of Charlotte
Douglas.
Legal bills have continued to climb. The city’s tab from
outside counsel hired to help with the lawsuit have topped $552,600,
and the commission’s bills are approximately $500,000, according to a
person with knowledge of the fees.
- Source: http://www.charlotteobserver.com
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