Flamingo Express, Inc. v. Federal Aviation Administration

OPINION

RONALD LEE GILMAN, Circuit Judge.

The City of Cincinnati is the municipal owner and operator of the Cincinnati Mu nicipal Lunken Airport (Lunken). Flamingo Express, Inc., which was already using Lunken to conduct chartered and unscheduled air service, sought an additional permit from the City in 2004 to operate scheduled commuter air service with seating for up to 30 passengers per flight. After the parties had unsuccessfully negotiated for more than a year and the City had still not approved Flamingo Express’s application, Flamingo Express filed a complaint with the Federal Aviation…