Articles Posted in Aviation

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The fact that an aircraft touches down in another state, without more, does not mean that the other state has acquired situs over the aircraft under the traditional due process test for situs, such that California may no longer tax the full value of the aircraft. In this case, the County sought to impose property tax on the full value of six jets used to operate an on-demand "air taxi" service. The Court of Appeal held that substantial evidence supported the Board's ruling that JetSuite failed to prove that any other state acquired situs over the jets at issue in 2010. View "JetSuite v. County of Los Angeles" on Justia Law

Posted in: Aviation

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SJJC Aviation is a fixed base operator (FBO) that operates a full-service facility at the Norman Y. Mineta San Jose International Airport, which is owned by the city. In 2012 the city addressed a plan to add a second FBO on the west side of the airport and issued a request for proposals “for the development and operation of aeronautical services facilities to serve general aviation activities at the [airport].” The city awarded the lease and operating agreement to Signature and its prospective subtenant, BCH, rejecting SJJC's bid as nonresponsive. SJJC filed suit, contending that the “flawed” process of soliciting bids for the lease should be set aside. The court of appeal affirmed dismissal of the suit. SJJC lost its own opportunity to compete for the new airport FBO by submitting a manifestly nonresponsive bid. SJJC is in reality complaining of past acts by the city and is seeking a remedy that will allow it another opportunity to submit a responsive proposal. View "SJJC Aviation Services v. City of San Jose" on Justia Law

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In 1996 Brown Field Aviation Ventures leased space at Brown Field Airport from the City of San Diego under a long-term, master lease agreement. Brown Field Aviation Ventures subleased the space to Bearden Aviation, Inc. (Bearden), and Bearden subleased it to Finch Aerospace Corporation (Finch). Finch occupied the space with three airplane hangars. Lancair Corporation (Lancair) later purchased Bearden's leasehold. In 2005 the City amended and restated the master lease. Finch attempted to enter a new lease directly with the City and remove its hangars from Lancair's leasehold; however, Lancair claimed to own and control the hangars. Finch subsequently filed a complaint against Lancair alleging causes of action for quiet title, declaratory relief, intentional interference with economic advantage, conversion, and retaliatory eviction. The issue this case presented for the Court of Appeal’s review was whether the immunities in Government Code sections 818.8 and 822.2 applied to a slander of title cause of action and, if not, whether Finch otherwise adequately alleged a slander of title cause of action against the City. The Court concluded the immunities in sections 818.8 and 822.2 did not apply to a slander of title cause of action. Furthermore, the Court concluded Finch did not otherwise adequately allege a slander of title cause of action nor did Finch demonstrate it could cure the pleading deficiencies by amendment. Therefore, the trial court did not err in sustaining the City's demurrer to Finch's complaint without leave to amend. View "Finch Aerospace Corp. v. City of San Diego" on Justia Law

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Relators filed suit under the California False Claims Act, Gov. Code, 12650 et seq., alleging that DHL overcharged and fraudulently billed the State for delivery services. The trial court concluded that the action was preempted by the Airline Deregulation Act of 1978, 49 U.S.C. 41713(b)(1), and Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. 14501(c)(1). The trial court then granted judgment on the pleadings. After remand from the California Supreme Court, the court concluded that People ex rel. Harris v. PAC Anchor Transportation, Inc. does not apply in this case. The court held, as it had before, that the application of the State Act in this case would constitute an impermissible regulation of DHL’s prices, routes and services in conflict with federal law. Accordingly, the court affirmed the trial court's order. View "Grupp v. DHL Express" on Justia Law