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EXECUTIVE LIMOUSINE SERV. v. ADAMS

May 3, 1978

EXECUTIVE LIMOUSINE SERVICE, INC., et al., Plaintiffs,
v.
THE HONORABLE BROCK ADAMS, et al., Defendants


Barrington D. Parker, District Judge.


The opinion of the court was delivered by: PARKER

Barrington D. Parker, District Judge:

 In this proceeding the Court is called upon to determine whether the Federal Aviation Administration (FAA), an arm of the Department of Transportation, has a right superior to that of the Washington Metropolitan Area Transit Commission (WMATC or Commission) in exercising control over certain activities at Dulles International Airport (Dulles). The specific issue raised is whether the FAA has the exclusive authority to grant carriers the right to perform airline passenger transfer for hire services from Dulles to other points in the metropolitan area of Washington, D.C. The parties have filed cross motions for summary judgment. There being no genuine issues of material fact, and summary judgment appearing appropriate, the Court concludes that the FAA is clothed with exclusive authority over the activity in issue and summary judgment should be granted in its favor.

 I

 The plaintiffs in this litigation are Executive Limousine Service, Inc. (Executive Limousine) and, as intervenors, Washington Metropolitan Area Transit Commission; the defendants are the Secretary of the Department of Transportation, the Administrator of the FAA, other federal officials and the Greyhound Corporation. WMATC is a regulatory Commission operating under a Compact authorized by the Congress, D.C. Code § 1-1410 et seq. (1973), and signed by the District of Columbia and the states of Virginia and Maryland. Dulles Airport is a federal facility, owned and operated by the FAA, and is situated in Loudoun County, Virginia, within WMATC's jurisdiction.

 Upon the expiration of its original contract with the FAA, Executive Limousine sought to include in a renewal contract the broadened operations recently certificated by WMATC. The FAA refused the new terms, in light of its contract granting Greyhound exclusive authority to transport airline passengers by bus between Dulles and stated areas within Washington, D.C. Greyhound was also certificated by WMATC.

 The plaintiffs Executive Limousine and WMATC seek declaratory and injunctive relief asserting that the FAA's contractual grant of exclusive rights to Greyhound for bus transportation at Dulles is invalid and unenforceable and derogates WMATC's authority under the Compact.

 II

 A

 As federal property by virtue of Article IV, Section 3, Clause 2, of the Constitution, the United States acting through the Congress has absolute and exclusive proprietary control over Dulles. See Ivanhoe Irrigation District v. McCracken, 357 U.S. 275, 294-95, 2 L. Ed. 2d 1313, 78 S. Ct. 1174 (1958); United States v. San Francisco, 310 U.S. 16, 29-30, 84 L. Ed. 1050, 60 S. Ct. 749 (1940). As noted, the issue presented here is whether the FAA is authorized to exercise that control exclusively in the circumstances presented.

 The FAA Administrator's authority over Dulles Airport and its operation is granted by the provisions of the Second Washington Airport Act, D.C. Code § 7-1401 et seq. (1973). *fn1" Section 1404 of the Act grants the Administrator "control over and responsibility for the care, operation, maintenance, improvements, and protection of the airport, together with the power to make . .. such rules and regulations as he may deem necessary . . . ." Section 1406 of the Act provides in part that:

 
The Administrator is authorized to contract . . . for . . . performance of services at or upon the airport necessary or desirable for the proper operation of the airport . . . and such other services and supplies as may be necessary or desirable for the traveling public.

 Pursuant to these statutory provisions the Administrator promulgated regulations having the force and effect of law. One of these regulations, which WMATC has not ...


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