Justia Hawaii Supreme Court Opinion SummariesArticles Posted in Aviation
Pofolk Aviation Haw., Inc. v. Dep’t of Transp. for State of Haw.
The Department of Transportation Airport Division (DOT-A), which leases Dillingham Airfield on the island of O’ahu from the United States Army, imposed landing fees on commercial users, including Petitioners. In 2012, DOT-A asserted that Petitioners owed DOT-A $264,995 in unpaid landing fees. Petitioners filed a complaint seeking the following relief: the return of landing fees paid under protest; injunctive relief preventing DOT-A from imposing additional fees against Petitioners; and a declaration that an administrative rule of DOT-A was invalid to the extent it established the rate of landing fees at the airfield. The circuit court denied injunctive relief and entered judgment on the merits in favor of DOT-A. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court affirmed, holding that DOT-A is not precluded from setting and imposing landing fees at the airfield through a DOT-A procedure that references the Hawaii Administrative Rules for the landing fee rates. View "Pofolk Aviation Haw., Inc. v. Dep’t of Transp. for State of Haw." on Justia Law