Wednesday, December 13, 2017

Commonwealth Ports Authority asks court to dismiss Star Marianas lawsuit

The Commonwealth Ports Authority has asked the federal court to dismiss the lawsuit filed by Star Marianas Air.

In its complaint, Star Marianas accused Commonwealth Ports Authority and other unidentified individuals of breach of contract, and violation of the Anti-Head Tax Act.

The Commonwealth Ports Authority, through attorney Robert T. Torres, said the court should dismiss Star Marianas claims because the Anti-Head-Tax-Act does not provide for a private right of action, adding that the court has no jurisdiction over the alleged federal claim because the air carrier has failed to exhaust administrative remedies.

If the court finds it has no jurisdiction, it has no discretion to exercise supplemental jurisdiction and must dismiss all of Star Marianas’ claims, Torres added.

Represented by attorney Timothy Bellas, Star Marianas said Commonwealth Ports Authority user fees are excessive and that the ports authority is not complying with the requirements of their airport use agreement.

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