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EVANSVILLE AIRPORT v. DELTA AIRLINES, INC.

No. 70-99.

405 U.S. 707 (1972)

EVANSVILLE-VANDERBURGH AIRPORT AUTHORITY DISTRICT ET AL. v. DELTA AIRLINES, INC., ET AL.

Supreme Court of United States.

Decided April 19, 1972.

Attorney(s) appearing for the Case

Howard P. Trockman argued the cause for petitioners in No. 70-99. With him on the briefs was James F. Flynn. John K. Mallory, Jr., argued the cause for respondents in No. 70-99 and for appellants in No. 70-212. With him on the brief in No. 70-99 were Fred P. Bamberger, J. Eugene Marans, and Jeffrey R. Kinney. With him on the brief in No. 70-212 were Joseph A. Millimet and Mr. Marans. W. Michael Dunn, Assistant Attorney General of New Hampshire, argued the cause for appellees in No. 70-212. With him on the brief was Warren B. Rudman, Attorney General.

Donald G. Alexander filed a brief for the National League of Cities as amicus curiae urging reversal in No. 70-99.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The question is whether a charge by a State or municipality of $1 per commercial airline passenger to help defray the costs of airport construction and maintenance violates the Federal Constitution. Our answer is that, as imposed in these two cases, the charge does not violate the Federal Constitution.

No. 70-99. Evansville-Vanderburgh Airport Authority District...

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