Judge rules in favor of RDU over land-lease issue

A judge has ruled in favor of the Raleigh-Durham Airport Authority in a lawsuit over the land-lease agreement between the group and Wake Stone Coropation.

Wake County Superior Court Judge A. Graham Shirley ruled “as a matter of law, RDUAA has the statutory authority independent of the Cities of Raleigh and Durham and the Counties of Wake and Durham to enter into the Lease, and therefore, summary judgment in favor of Defendants is proper.”

The RDAA board voted back in March to lease mineral rights on part of the airport's property, allowing Wake Stone Corp. to expand a nearby quarry.

In a press release from the Raleigh-Durham Airport Authority, the judge also determined the following:

• “The original RDU Charter gave the RDUAA board complete authority over the airport. Nothing in the amendments that followed reflects an intent by the legislature to diminish that authority. Plaintiffs' argument runs contrary to a reasonable reading of the legislation and ignores the General Assembly's broad authority to the RDUAA board.”
• “As a matter of law, RDUAA has the statutory authority independent of the Cities of Raleigh and Durham and the Counties of Wake and Durham to enter into the Lease, and therefore, summary judgment in favor of Defendants is proper.”
• “Furthermore, the Court concludes that the Lease is not inconsistent with any grant or agreement under which the airport is held. The phrase ‘grant or agreement’ must refer to the grants and agreements by which RDUAA operates an airport under the guidance and regulation, and with financial contributions of the Department of Transportation/FAA under the Federal Airport Act. The FAA has approved the industrial/quarry use designation of the Property and maintains that its approval is not necessary for RDUAA to lease the Property.”
• “Because no federal funds were used to acquire the Property and because the Lease is not subject to the FAA approval, the Lease does not violate any federal laws.”

The judge dismissed the case with prejudice, meaning the claims can't be refiled. It does not prevent an appeal.

“We are pleased the judge affirmed RDU’s authority to execute the land-lease agreement with Wake Stone," said John Kane, the chairman of the board of the RDAA. "The agreement is conservatively projected to generate at least $24 million for the airport at a time when it has a nearly $2 billion funding shortfall for critical airport projects. The revenue from the quarry expansion will help RDU keep pace with the community’s aviation demands.”