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Court Rejects FBO Challenge at Westchester County Airport

On November 2, 2010, the U.S. Court of Appeals for the D.C. Circuit affirmed an FAA decision supporting Firm client Westchester County’s treatment of fixed-base operators (FBOs) at the Westchester County Airport in New York.  County policy and FBO leases distinguished between FBOs primarily serving large, corporate aircraft and FBOs serving light general aviation aircraft.  In the first case to consider the issue, the FAA concluded—and the court affirmed—that the County’s policy and treatment of FBOs was entirely consistent with the Grant Assurances and related federal obligations.