Arapahoe County Public Airport Authority v. Centennial Express Airlines, Inc.

The majority holds that the Arapahoe County Airport Authority’s (Authority) ban on scheduled passenger service is not preempted by 49 U.S.C. § 41713(b)(1) (1994) because the ban does not relate to rates, routes, or services. See maj. op. at 595. The majority also determines that the ban is not preempted because it falls within the proprietary powers exception to preemption set forth in 49 U.S.C. § 41713(b)(3) (1994), and that the ban is valid because it does not violate federal funding regulations. See id. at 595, 596. The majority reasons that the district court’s exercise of jurisdiction in…