DOT and FAA Airport Legal Determination and Opinion Letter Abstracts of 2023 (2025) / Chapter Skim
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Dakota Territory Tours, A.C.C. and Solid Edge Aviation, LLC v. Yavapai County, Arizona and Sedona-Oak Creek Airport Authority No. 16-17-18
Dakota Territory Tours, A.C.C. and Solid Edge Aviation, LLC v. Yavapai County, Arizona and Sedona-Oak Creek Airport Authority No. 16-17-18
Pages 22-29
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From page 22... ...
implemented a $0.25 per gallon fuel flowage fee for self-fueling operators; (3) filed a breach of contract lawsuit in state court concerning an earlier audit of Complainant's lease compliance; and (4)
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From page 23... ...
9.) Ejection from Mid-Field Helipad Operating Area According to the Director, the County, through the Authority, failed to make the airport available for public use on reasonable terms and was not in compliance with Grant Assurance 22, Economic Nondiscrimination, because it had failed to provide space in the airport terminal for Complainant to conduct helicopter air tours as an on-airport operator.
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From page 24... ...
10.) Denial of Kiosk Space in Airport Terminal -- Grant Assurance 22 Complainant also averred on appeal that it was seeking a lease in the airport terminal for an onsite kiosk, that sufficient space existed in the terminal or at the airport to provide such a lease, and that it was similarly situated to another commercial air tour operator at the airport.
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From page 25... ...
13.) As such, the Authority's actions froze Complainant out of any possible on-site leasehold presence and resulted in a grant of an exclusive right to Guidance to operate at the Airport as the sole on-site leasehold helicopter air tour operator, and, in so doing, created an impermissible exclusive right for Guidance at the Airport and is not in compliance with Grant Assurance 23, Exclusive Rights.
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From page 26... ...
At the same time, there is no evidence that the Authority is accommodating other classes of aeronautical users who also desire the same or similar space as a tenant at the Airport. The Director concluded that the County, through the Authority, was violating Grant Assurance 23, Exclusive Rights, by allowing Guidance to become the sole tenant helicopter air tour operator at the Airport." (Director's Determination, p.
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From page 27... ...
15.) Fuel Flowage Fee for Self-Fueling and Grant Assurance 22, Economic Nondiscrimination Complainant asserted that the Authority failed to employ a transparent methodology of establishing the $0.25 per gallon fuel flowage fee in violation of the Policy Regarding Airport Rates and Charges.
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From page 28... ...
Further, the County lacks authority to decide whether an operator meets the applicable FARs affecting air tour operators or any other aeronautical operation." (Final Agency Decision, p.
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From page 29... ...
; Fuel Flowage Fee; Grant Assurance 5, Preserving Rights and Powers; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 23, Exclusive Rights; Helipad Operating Area; Kiosk Space; Lease (Termination) ; Policy Regarding Airport Rates and Charges; Part 135; RFP; Reasonable Accommodation; Safety 29
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