N.C. Court of Appeals Unanimously Rules in Favor of RDU

Airport Authority Legally Executed Quarry Agreement to Generate Airport Revenue

 

The N.C. Court of Appeals ruled today that the Raleigh-Durham Airport Authority legally executed a land-lease agreement with Wake Stone to generate revenue for the airport. The three-judge panel unanimously upheld a lower court ruling that dismissed the lawsuit filed by activists who oppose the land-lease agreement. In agreeing with the trial judge, who in 2019 dismissed every claim made by activists, the state appellate court found:

  • The Airport Authority has specific authority to lease airport property for up to 40 years;
  • It is unambiguous that a mineral lease like the one in question is a lease, not the sale of property;
  • There was no evidence showing that the Airport Authority did not comply with FAA requirements, grants, or other agreements;
  • The Airport Authority did not violate open meetings laws.

The following is a statement from John Kane, chairman of the Raleigh-Durham Airport Authority Board:

“The appellate court’s unanimous ruling in favor of RDU is great news for the airport and the community it serves. The court’s decision affirms the Authority’s ability to lease airport property to generate revenue to help fund airport operations. The land-lease agreement to expand an existing quarry on airport property will generate at least $24 million at a time when RDU is experiencing unprecedented losses in revenue due to the pandemic. This non-aeronautical revenue will help sustain the airport in future years during what is expected to be a prolonged recovery from the global health crisis.”

The plaintiffs are not automatically entitled to an appeal because the judges issued a unanimous decision. The plaintiffs have until Jan. 19 to petition the N.C. Supreme Court to hear an appeal, which the court can grant or deny. You can read the ruling here.