Tennessee is asking a three-judge panel to dismiss Chattanooga’s lawsuit challenging changes to the governance of Chattanooga Metropolitan Airport. Attorney General Jonathan Skrmetti argues the city and its former airport board have not shown an injury caused by the new state law, according to the Tennessee Lookout.
State Challenges Standing
The law, signed in May, gives Tennessee’s governor, lieutenant governor and House speaker two appointments each to nine-member boards overseeing several of the state’s largest airports. Local mayors retain three appointments. Chattanooga and its locally appointed airport board sued in June, arguing the change violated the Tennessee Constitution.
“Plaintiffs cannot show that changes to the composition of (Chattanooga Metropolitan Airport Authority) board members or their manner of appointment result in an actual or imminent injury,” Skrmetti wrote in the motion.
Competing Boards
A state-appointed board took office in July and later voted to withdraw the airport authority from the lawsuit. That request remains pending. The locally appointed board has continued to contest the change, while Chattanooga is also pursuing a separate federal case involving the FAA and the question of airport sponsorship. The federal case was filed in the U.S. Court of Appeals for the D.C. Circuit in June.
“Despite our weak position, controlling less than 4% of state enplanements, Chattanooga’s airport has a record number of passengers and continues to expand through local leadership — period,” Chattanooga Mayor Tim Kelly told the Times Free Press. “Surrendering local board control to state authorities in Nashville poses a clear threat to our airport’s future and regional interests. That is why the lawsuit will continue and the locally appointed board will have its day in court.”
The state motion to dismiss and the new board’s request to withdraw from the lawsuit could come before the three-judge panel Sept. 28.
0 replies