Bowling Green v. Martin Land Development Co., Inc.

OPINION

CLAY, Circuit Judge.

Plaintiffs, the Bowling Green and Warren County Airport Board (“Airport Board”) and Geoff Fields (“Fields”), appeal from the district court’s decision granting summary judgment in favor of Defendants, Martin Land Development Company, Inc. (“Martin”) and Co-Mar Aviation, Inc. (“Co-Mar”). The district court granted summary judgment in favor of Defendants on the ground that 49 U.S.C. § 40103 does not imply a private right of action. Although other circuits have addressed the issue, this is a matter of first impression for this Court. For the reasons set forth herein,…