The city of Boulder, Colorado has filed a lawsuit against the Federal Aviation Administration over its plans to eventually close down Boulder Municipal Airport.
The city says it is being stopped from doing so by the FAA.
Boulder city officials want to redevelop the airport to boost affordable housing.
It is also due to concerns about aircraft noise and environmental impacts.
Under FAA rules municipal authorities accepting airport grants must continue to keep airports operating for at least 20 years.
The city stopped accepting FAA grants which would enable it to legally close the airport after 2040, it says.
However, the FAA argues that grants given by the city several decades ago for property acquisition mean it must remain open indefinitely.
Boulder’s lawsuit argues this is unconstitutional.
The suit states: “The FAA’s position is not only inconsistent with the express terms of its grant agreements but is also an unconstitutional overreach – in violation of the separation of powers doctrine.”
“I think the asset of the airport is the city’s and should be returned to the city. The concept of having to operate an airport in perpetuity is inappropriate to me,” said Councilmember Mark Wallach.
The lawsuit was welcomed by the Airport Neighborhood Campaign, which proposed ballot measures that would vote on shutting down the airport and transform the area into a residential neighborhood
