Southwest Air Ambulance, Inc. v. City of Las Cruces

HOLLOWAY, Circuit Judge.

This appeal comes to us from the granting of a Fed.R.Civ.P. 12(b)(6) motion to dismiss the plaintiffs’ action challenging the legality and enforcement of a municipal ordinance setting fees at the Las Cruces International Airport. We affirm in part and reverse in part as explained below.

I

Southwest Air Ambulance, Inc. (Southwest) operates an air ambulance service from points in and outside of New Mexico, transporting patients to and from hospitals and providing emergency medical assistance during flight. John Richardson is the president of Southwest. Some of Southwest’s…