Arapahoe County Public Airport Authority v. Centennial Exp. Airlines, Inc.

Citation956 P.2d 587
Decision Date13 April 1998
Docket NumberNo. 97SC123,97SC123
Parties98 CJ C.A.R. 1711 ARAPAHOE COUNTY PUBLIC AIRPORT AUTHORITY, a political subdivision of the State of Colorado, Petitioner, v. CENTENNIAL EXPRESS AIRLINES, INC., a Colorado corporation; and Golden Eagle Charters, Inc., d/b/a Centennial Express Airways, Inc., a Colorado corporation, Respondents.
CourtSupreme Court of Colorado

Brega & Winters, P.C., Ronald S. Loser, Brian A. Magoon, Peter A. Gergely, Denver, for Petitioner.

Bryant & Van Nest, LLC, Mark A. Pottinger, of Counsel, Denver, for Respondents.

Chief Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in Arapahoe County Public Airport Authority v. Centennial Express Airlines, Inc., 942 P.2d 1270 (Colo.App.1996), to determine whether the court of appeals erred in reversing a permanent injunction entered in favor of the plaintiff, Arapahoe County Public Airport Authority (the Authority), prohibiting the defendant, Centennial Express Airlines, Inc., and its wholly owned subsidiary, Golden Eagle Charters, Inc., d/b/a Centennial Express Airways, Inc. (Centennial Express), from conducting scheduled air carrier service in and out of Centennial Airport (Centennial). We reverse.

I.

Centennial was built in 1967 to serve the growing aviation needs of the Denver metropolitan region and has since become one of the largest and busiest general aviation facilities in the country. 1 Centennial is located fourteen miles southeast of downtown Denver and sits on approximately 1,200 acres of land in Arapahoe and Douglas Counties. In 1975, Arapahoe County established the Authority pursuant to the Public Airport Authority Law, sections 41-3-101 to -108, 17 C.R.S. (1973), to own and operate Centennial as a political subdivision of the State. The Authority owns all of the land and facilities at Centennial except for two runways which it leases from Arapahoe County.

To fund airport construction and operations, the Authority has accepted approximately $30.1 million in federal grants. As a condition to accepting these grants and pursuant to federal law, the Authority has given its assurance that it "will make its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses." A separate assurance provides that the Authority "may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public."

Local, regional, and national planning schemes designate Centennial as a general aviation reliever airport for Denver's primary air carrier airports, Stapleton International (Stapleton), which closed in February of 1995 and Denver International (DIA), which opened upon Stapleton's closure. Locally, resolutions passed by the Board of County Commissioners of Arapahoe County in 1966 approved funding for the construction of a general aviation airport. Newspaper accounts of open meetings held following this funding approval indicate that county officials hoped to lure new industry and expand the county's tax base by building an airport to "serve general aviation, not scheduled carriers or military planes." A new airport would also ease general aviation overcrowding at Stapleton. In one news report, the Federal Aviation Administration (FAA) area director proclaimed that the airport was "a much needed reliever terminal for general aviation."

Regionally, the Denver Regional Council of Governments (DRCOG), a planning organization of county and municipal governments, has adopted several aviation plans that guide the development and operation of airports in the Denver area. Specifically, the 2010 Regional Aviation System Plan (2010 Plan), which was published by DRCOG in 1989, provides that Stapleton is the only commercial air carrier airport in the region and designates Centennial "as a non-commercial passenger, transport-category, general aviation reliever airport." Similarly, the Regional Aviation System Planning Program Data File, which was published by DRCOG in 1991, provides that Stapleton is the "air carrier facility for the Denver region" and categorizes Centennial "as a non-commercial passenger, transport category, G.A. reliever." 2

Nationally, the National Plan of Integrated Airport Systems (NPIAS), which was presented to Congress by the Secretary of Transportation in 1991, does not include Centennial in its summary of Colorado's primary and commercial service airports. Instead, the NPIAS lists Centennial as a reliever airport intended to alleviate general aviation congestion at Denver's primary commercial airport through 1999.

Due to its planned role as a general aviation reliever and strong opposition from citizens who live near the airport, scheduled passenger service has never been authorized at Centennial. While fixed-base air taxi and charter flights are permitted, Centennial's master plan, which was published in 1981, provides that air taxi, charter flights, and military use constitute less than one percent of the airport's total operations. Because scheduled passenger service has never been permitted, Centennial presently operates without a terminal, baggage system, or passenger security system.

Despite Centennial's lack of facilities, private efforts have been made to bring scheduled passenger service to the airport. In response, the Authority has increased efforts to prohibit scheduled passenger service. On July 21, 1993, the Authority sent a letter to the United States Department of Transportation (USDOT) asserting that the Authority did not have to approve applications for scheduled passenger service and asking USDOT for its opinion on the issue. On September 4, 1993, the Authority also amended the "Minimum Standards for Commercial Aeronautical Activities" (the Standards) governing operations at Centennial. These Standards now define "Airport Purpose" as

any Authority action, undertaking or development that is consistent in maintaining the non-certificated status of the Airport and in preserving the Airport funding category as a "Reliever Airport" serving general aviation users. Under no circumstances shall the Airport Purpose include scheduled passenger services.

(Emphasis added.)

On December 20, 1994, Centennial Express began scheduled passenger service out of Centennial to Dalhart, Texas. Centennial Express has a valid air carrier certificate issued by the FAA. 3 At the time of its maiden flight, Centennial Express was aware of the Authority's ban on scheduled passenger service but chose to delay notifying the Authority until the return flight from Dalhart. Centennial Express also issued a press release announcing that it would soon provide scheduled passenger service from Centennial to Amarillo, Colorado Springs, Grand Junction, and other Western Slope airports in 1995. Additionally, Centennial Express planned to begin regular jet flights from Colorado Springs to Chicago, Kansas City, Houston, Dallas, Phoenix, Los Angeles, San Francisco, and Seattle.

The following day, the Authority filed suit in Arapahoe County District Court (the district court) seeking a temporary restraining order and preliminary and permanent injunctions preventing Centennial Express from conducting scheduled passenger service out of Centennial. On December 22, 1994, the district court granted the Authority's request for a temporary restraining order, concluding in part that

[r]eal, immediate, and irreparable injury may be prevented if [Centennial Express is] enjoined from conducting and expanding illegal scheduled passenger service at the Airport. [Centennial Express has] made a unilateral decision to conduct illegal scheduled passenger service at the Airport. [Centennial Express has] flaunted the law by disregarding the Airport's Minimum Standards. [The Authority] manages the Airport. Indeed, [the Authority's] reason to exist turns on its ability to govern and manage the Airport. If the requested relief is not provided, [the Authority] will be stripped of its ability and authority to manage the Airport.

On December 23, 1994, more than seventeen months after the Authority's initial request, USDOT responded to the Authority's letter as to whether it could ban scheduled passenger service at Centennial. In relevant part, the USDOT's letter provides as follows:

In addressing similar cases in the past, FAA has found it arbitrary to exclude any particular class of service due to factors that are not related to the impacts of that service.

Although the material that [the Authority] submitted states that approval of scheduled service would increase the number of operations and passengers at Centennial Airport, there was insufficient information submitted with [the Authority's] letter to demonstrate that a restriction of any particular category of operation could be adequately supported. For example, although individual factors are not alone likely to be dispositive, [the Authority's] letter does not discuss the nature and extent of any resulting environmental impact, congestion, or effect on airport facilities such as the terminal or parking, that would result from the initiation of scheduled service.

Later, the opinion letter states that the Authority's letter

also raises a policy issue relating to how to harmonize several important goals--allowing the citizens of a region to plan and manage their aviation resources on a regional basis, while at the same time preserving and enhancing the performance of the national aviation system and ensuring that statutory and regulatory requirements associated with use of federal grant funds are not violated.... We firmly support regional planning and decision-making and strongly believe that local governments should, wherever possible, plan, develop and...

To continue reading

Request your trial
18 cases
  • Am. Airlines v. Texas Dept. of Transp.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • February 1, 2000
    ... ... WORTH; DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, Petitioners, ... DEPARTMENT OF ... Fort Worth ("Fort Worth"), American Airlines, Inc. ("American"), City of Dallas ("Dallas"), ... informal adjudication, pursuant to its authority under § 554(e) to "issue a declaratory ruling to ... person outside DOT, concerning a public proceeding, until after final disposition of the ... See Northwest Airlines, Inc. v. County of Kent, 510 U.S. 355, 366-67, 114 S. Ct. 855, ... 's proprietary powers at Love Field is Arapahoe County Public Airport v. Centennial Express ... ...
  • Paredes v. Air–serv Corp.. Inc.
    • United States
    • Colorado Court of Appeals
    • December 9, 2010
    ... ... and United Airlines, Inc. Because we conclude his state law ... not preempted by the Federal Aviation Authority Authorization Act, 49 U.S.C. 41713(b)(1) (1994), ... During a layover at Denver International Airport, defendants' agents met plaintiff on the aircraft ... of the preemption provision in Arapahoe County Public Airport Authority v. Centennial ... ...
  • Arapahoe Cnty. Public Airport Auth. v. Fed. Aviation Adm., No. 99-9508
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • March 9, 2001
    ... ... 2001) ... ARAPAHOE COUNTY PUBLIC AIRPORT AUTHORITY, a political subdivision ...     The Authority owns and operates Centennial Airport, which is located just south of Denver, ... of several years, Centennial Express Airlines (Centennial Express) divulged an interest in ... v. Centennial Express Airlines, Inc., 956 P.2d 587 (Colo. 1998) (en banc). The ... ...
  • In re Board of County Commissioners of the County of San Miguel v. Colorado Public Utilities Commission, No. 06SA213 (Colo. 5/21/2007)
    • United States
    • Colorado Supreme Court
    • May 21, 2007
    ... ... GENERATION and TRANSMISSION ASSOCIATION, INC.; and THE BOARD OF COUNTY COMMISSIONERS OF THE ... because of the considerable authority and expert role the Colorado Constitution and ... conventional competence of the courts." Arapahoe County Pub. Airport Auth. v. Centennial Express ... Airport Auth. v. Centennial Express Airlines , 956 P.2d 587, 592 (Colo. 1998). Administrative ... ...
  • Request a trial to view additional results
2 books & journal articles
  • Consistency in Statutory Interpretation
    • United States
    • Colorado Bar Association Colorado Lawyer No. 38-6, June 2009
    • Invalid date
    ...25. 28. Colorado State Personnel Bd., supra note 24 at 1150-51; Arapahoe County Pub. Airport Auth. v. Centennial Express Airlines, Inc., 956 P.2d 587, 592-93 (Colo. 1998); Three Bells Ranch Associates v. Cache La Poudre Water Users Ass'n, 758 P.2d 164, 172 (Colo. 1988). 29. Compare Davidson......
  • What's in the Package: Food, Beverage, and Dietary Supplement Law and Litigation—part Ii
    • United States
    • Colorado Bar Association Colorado Lawyer No. 43-8, August 2014
    • Invalid date
    ...Act dispute in POM Wonderful "is not a pre-emption case"). [61] Arapahoe Cnty. Pub. Airport Auth. v. Centennial Express Airlines, Inc., 956 P.2d 587, 592 (Colo. 1998). [62] Taradejna v. General Mills, Inc., 909 F.Supp.2d 1128, 1134 (D.Minn. 2012). [63] Id. at 1134. [64] Id. at 1134-35. [65]......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT