On Thursday, April 22, 2010, Chevalier Allen & Lichman, LLP, on behalf of its client, 41 North 73 West, Inc. (“Avitat”) filed a brief in the U.S. Court of Appeals for the Second Circuit in support of it Petition for Review of the FAA’s decision to deny Avitat’s Part 16 Complaint which alleged that the proprietor of Westchester County Airport, the County of Westchester, had violated its Grant Assurances by allowing “light general aviation” FBOs to sell jet fuel in contravention of their leases. Avitat argues that the FAA’s decision that the County had not violated Grant Assurances 22 (Economic Nondiscrimination), 23 (Exclusive Rights) and 24 (Fee and Rental Structure) was arbitrary and capricious.
