CORR v. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY

No. 13-1076.

740 F.3d 295 (2014)

John B. CORR, on behalf of themselves and all others similarly situated; John W. Grigsby, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY, Defendant-Appellee. Board of Supervisors of Fairfax County, Virginia; United States of America, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 21, 2014.


Attorney(s) appearing for the Case

ARGUED: Robert John Cynkar , Cuneo, Gilbert & Laduca, LLP, Alexandria, VA, for Appellants. Stuart Alan Raphael , Hunton & Williams, LLP, McLean, Virginia, for Appellee. Jeffrey A. Clair , United States Department of Justice, Washington, D.C., for Amicus United States of America. ON BRIEF: Patrick M. McSweeney , Powhatan, Virginia; Christopher I. Kachouroff , Dominion Law Group, Woodbridge, Virginia; Richard B. Rosenthal , Law Offices of Richard B. Rosenthal, Miami, Florida, for Appellants. Philip G. Sunderland , Office of General Counsel, Metropolitan Washington Airports Authority, Washington, D.C., for Appellee. David P. Bobzien , Gail P. Langham , Ann G. Killalea , James V. McGettrick , Office of the County Attorney, Fairfax, Virginia, for Amicus Board of Supervisors of Fairfax County, Virginia. Kathryn B. Thomson , Acting General Counsel, Sidley Austin, LLP, Washington, D.C.; Paul M. Geier , Assistant General Counsel for Litigation, Peter J. Plocki, Deputy Assistant General Counsel for Litigation, Joy K. Park, Office of the General Counsel, United States Department of Transportation, Washington, D.C.; Stuart F. Delery , Acting Assistant Attorney General, Mark B. Stern , Michael E. Robinson , Civil Division, United States Department of Justice, Washington, D.C.; Neil H. MacBride , United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Amicus United States of America.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Chief Judge TRAXLER and Judge NIEMEYER joined.


DUNCAN, Circuit Judge:

Appellants John Corr and John Grigsby brought this putative class action attacking the legality of the toll charged by the Metropolitan Washington Airports Authority ("MWAA") for use of the Dulles Toll Road. They contend that this toll is, in reality, an illegal tax. The district court dismissed their complaint on numerous grounds. For the following reasons, we affirm.

I.

A.

In 1950, Congress authorized the construction...

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