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ASHEVILLE JET, INC. v. CITY OF ASHEVILLE

No. COA08-1549.

689 S.E.2d 162 (2010)

ASHEVILLE JET, INC., d/b/a Million Air Asheville, Plaintiff-Appellee, v. The CITY OF ASHEVILLE, North Carolina Municipal Corporation; Asheville Regional Airport Authority; and The County of Buncombe, Defendants-Appellants.

Court of Appeals of North Carolina.

January 19, 2010.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A., by Sarah Patterson Brison and Jacqueline D. Grant, Asheville, for Plaintiff-Appellee.

Asheville City Attorney's Office, by City Attorney Robert W. Oast, Jr. and Associate City Attorney Kelly L. Whitlock, for Defendant-Appellant City of Asheville.

Womble Carlyle Sandridge & Rice, P.L.L.C, by James R. Morgan, Jr. and Robert T. Numbers, II, Winston-Salem, for Defendant-Appellant Asheville Regional Airport Authority.

McGEE, Judge.

Plaintiff entered into a lease with Asheville Regional Airport Authority (the Authority) to act as a Fixed Based Operator (FBO) at the Asheville Regional Airport (the Airport) on 1 January 1993, to provide general aviation services such as fueling, maintenance and ground services for private aircraft at the Airport. Pursuant to the lease agreement between Plaintiff and the Authority, Plaintiff was to pay the Authority a monthly rent amounting to five...

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