Park Shuttle N Fly v. Norfolk Airport Authority

352 F. Supp. 2d 688 (2004)

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Park Shuttle N Fly v. Norfolk Airport Authority

United States District Court for the Eastern District of Virginia
352 F. Supp. 2d 688 (2004)

Facts

The Norfolk Airport Authority (authority) (defendant) owned and operated the Norfolk International Airport (airport) (defendant). The airport needed to raise additional revenue to meet a legal requirement that the airport be self-sustaining. The airport had its own parking facilities with excess capacity and did not receive any benefit from off-airport parking companies. The single existing off-airport parking company, Park Shuttle N Fly, Inc. (Park Shuttle) (plaintiff), competed with the airport and received over 90 percent of its revenue from airport customers. The authority researched fees that other airports were charging to off-airport parking companies and hired an airport-management consultant to do the same. The authority then started charging off-airport parking companies a fee of 8 percent of the company’s gross revenues for the privilege of accessing the airport to pick up and drop off customers. Other courtesy vehicles, such as taxis and hotel shuttles, had different fee arrangements with the airport that were generally lower. Park Shuttle sued the authority, arguing that the privilege fee violated the Due Process, Equal Protection, and Commerce Clauses of the United States Constitution. The district court dismissed the Due Process claim and held a bench trial on the Equal Protection and Commerce Clauses claims.

Rule of Law

Issue

Holding and Reasoning (Jackson, J.)

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