Airport Auth. of the City of St. Marys Ga. v. City of St. Marys

The appellant's airport least with the city obligated the appellant to heed the city's directives, including the city's resolution to pursue relocation of the airport.

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After an evidentiary hearing, the trial court dismissed this declaratory judgment action filed by the Airport Authority of the City of St. Marys the “Authority” against the City of St. Marys the “City”, finding that the City had not violated any right delegated to the Authority by law or contract when it excluded the Authority from discussions concerning relocation of the St. Marys Airport. The Authority appeals. We affirm for the reasons set forth below. Currently, the City owns the land upon which the St. Marys Airport is located, and the Authority leases the property from the City. The term of the lease is five years; it was executed on May 24, 2004, and expires on May 23, 2009. The City retains the right to terminate the lease “at any time” upon 90 days’ written notice. The lease states that the Authority agrees “to promptly observe, comply with, and execute . . . all present and future laws, rules requirements, orders, directions, ordinances and regulations of . . . any and all governmental authorities or agencies,” including the City. The lease also states that the Authority “assumes all duties and obligations with relation to the premises and buildings . . . and also the maintenance and operation thereof, and also the use and manner thereof, as if Lessee be also owner and Lessor.”

The Authority’s enabling legislation, the St. Marys Airport Authority Act,1 declares that its “general purpose” is to build, maintain, improve, and operate the airport, to acquire the property for the airport, “and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings.”2 The legislation provides that the City’s mayor and council shall appoint the members of the Authority.3

Airport Auth. of the City of St. Marys Ga. v. City of St. Marys

The appellant's airport least with the city obligated the appellant to heed the city's directives, including the city's resolution to pursue relocation of the airport.

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