Exclusive Rights and You

In Boca Airport, Inc. v. F.A.A., the District of Columbia Court of Appeals held that the plaintiff FBO had no enforceable rights to compel development of the last remaining aviation parcel at Boca Raton Airport. The complaint had its genesis in an amendment to a contract between the Airport and the plaintiff FBO, which was the subject of a later Part 16 hearing in which the FAA determined the Airport was violating its sponsor assurances by contracting away the last developable parcel to this FBO. A subsequent amendment voided that right. The Airport Authority later requested proposals from third parties for the development of that parcel, and did not allow the plaintiff to bid. The FBO tried various legal tactics to enforce the original amendment and void the bid award to the third party developer.

The case is important for many reasons, not the least of which is the recounting of the plaintiff's various legal attempts to shut down the third party development deal, including a Contracts Clause claim. There is also good discussion from the Court regarding the interplay of the various assurances.