Enterprise Management, Inc. v. Huntsville-Madison County Airport Authority

601 So. 2d 897, 1992 Ala. LEXIS 502, 1992 WL 101284
CourtSupreme Court of Alabama
DecidedMay 15, 1992
Docket1910085
StatusPublished

This text of 601 So. 2d 897 (Enterprise Management, Inc. v. Huntsville-Madison County Airport Authority) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Enterprise Management, Inc. v. Huntsville-Madison County Airport Authority, 601 So. 2d 897, 1992 Ala. LEXIS 502, 1992 WL 101284 (Ala. 1992).

Opinions

SHORES, Justice.

This case concerns whether the Huntsville-Madison County Airport Authority (“Airport Authority") was authorized to enact Resolution FY 90-333, which regulates off-site concessionaires and charges them an access fee. The trial court entered a summary judgment for the Airport Authority; the rental car company, Enterprise Management, Inc., appeals. We affirm.

On November 29, 1989, the Authority passed Resolution FY 90-333, which required off-site concessionaires to submit proof of comprehensive general liability insurance, proof of financial responsibility, and proof of business and motor vehicle permits, and required them to pay the Airport Authority a fee of 10% of the annual gross revenues they derive from their operations at Huntsville International Airport. The original effective date of the resolution was January 1, 1990, but this date was extended to July 1, 1990, to give off-site companies an opportunity to move onto airport property.

Enterprise Management, d/b/a Thrifty Car Rental, filed a complaint on January 4, 1990, claiming unlawful interference by the Airport Authority with Enterprise’s right to use Glenn Hearn Boulevard, and seeking compensatory and punitive damages against the Airport Authority. The Airport Authority counterclaimed to recover a judgment against Enterprise for sums owed to the Airport Authority pursuant to the resolution, and for an injunction prohibiting Enterprise from violating the resolution.

Both Enterprise and the Airport Authority filed motions for summary judgment. On January 7, 1991, the trial judge entered a summary judgment in favor of the Airport Authority on Enterprise’s complaint and upon the liability issue raised by the counterclaim, and denied Enterprise’s motion for a summary judgment.1 The trial judge’s order stated that the case was to remain pending for the determination of the relief due to the Airport Authority.

On June 24, 1991, Enterprise and the Airport Authority signed a stipulation of fact, in which they agreed that Enterprise would owe the Authority the sum of $36,-161 if Resolution FY 90-333 was found to be legally enforceable. The trial court, on September 10, 1991, entered a summary judgment for the Airport Authority, assessing the stipulated damages in the amount of $36,161 and enjoining Enterprise from further business operations at the Huntsville International Airport that violate the rules and regulations of Resolution FY 90-333. Enterprise appeals from this judgment.

We first consider whether the trial court erred in entering a summary judgment for the Airport Authority. Rule 56, A.R.Civ.P., sets forth a two-tiered standard [899]*899for determining whether to enter a summary judgment. In order to enter a summary judgment, the trial court must determine: 1) that there is no genuine issue of material fact, and 2) that the moving party is entitled to a judgment as a matter of law. In determining whether a summary judgment was properly entered, the reviewing court must view the evidence in a light most favorable to the nonmovant. See Turner v. Systems Fuel, Inc., 475 So.2d 539, 541 (Ala.1985); Ryan v. Charles Townsend Ford, Inc., 409 So.2d 784 (Ala.1981). Rule 56 is read in conjunction with the “substantial evidence rule” (§ 12-21-12, Code 1975), for actions filed after June 11, 1987. See Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). In order to defeat a properly supported motion for summary judgment, the plaintiff must present “substantial evidence,” i.e., “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989).

The trial court found that there was no genuine issue of material fact, because it held that the Airport Authority was authorized to enact Resolution FY 90-333. Act No. 385, 1973 Ala. Acts, Regular Session,2 grants the Airport Authority certain enumerated powers in conjunction with its authority to operate and manage the Huntsville International Airport. These powers include, in part, the following:

“Section 7. Powers of the Authority — In General. The authority shall have the following powers together with all powers incidental thereto or necessary to the discharge thereof in corporate form: ... (6) execute contracts and other instruments and to take such other action as may be necessary or convenient to carry out the purposes of this act or the exercise of any authority or power granted hereunder; (7) to establish, develop, acquire, construct, enlarge, improve, maintain, equip, operate, regulate and protect airports ... within the county, including the ... maintenance and operation at such airports of buildings and other facilities for the ... comfort and accommodation of air travelers and the purchase and sale of supplies, goods, and commodities as are incident to the operation of its airport properties; (8) to construct, acquire, establish, improve, extend, enlarge, reconstruct, equip, maintain, repair and operate heliports, aerial aircraft ..., landing, loading or storage areas and transportation terminals; ... (10) to furnish or supply upon any airport owned or operated by ... the authority, to persons for reward or compensation ... services convenient or useful to the ... persons upon said airport, ... including, without limiting the generality of the foregoing, food, lodging, shelter, lawful drinks, confections, reading matter, oil, gasoline, motors and aircraft, motor and aircraft parts and equipment, space in buildings, space for buildings and structures, and the. services of mechanics, instructors and hostlers; (11) to confer upon individuals, firms, corporations or companies for ... compensation the privilege or concession of supplying upon any airport, owned or operated by or under the jurisdiction of the authority, all or any part of the ... services and facilities in clause (10) of this section authorized to be supplied; ... (16) to make and enter into contracts, leases and agreements incidental to or necessary for the accomplishment of any purpose or purposes for which the authority was organized; ... (19) to fix, establish, collect and alter landing fees, tolls, rents and other charges for the use of any airport, heliport, landing area, building, structure, facility or other property owned or controlled by the authority; (20) to make and enforce rules and regulations governing the use of any airport, heliport, landing area or airport facility owned or controlled by the authority.”

Act No. 385, 1973 Regular Session, amending Act No. 780, 1961 Regular Session.

[900]*900Thus the question before us is whether the legislation governing the Airport Authority gives it the power to pass Resolution FY 90-333, which imposes an access or user fee upon an off-site rental car company.

Although this is a case of first impression in Alabama, the question has been examined by the federal courts, which have upheld the legitimacy of gross receipts access fees on rental car companies. Toye Bros. Yellow Cab Co. v. Irby, 437 F.2d 806 (5th Cir.1981); Allright Colorado, Inc. v. City & County of Denver, 937 F.2d 1502 (10th Cir.), cert. denied, — U.S. — , 112 S.Ct. 587, 116 L.Ed.2d 612 (1991); Alamo Rent-a-Car, Inc. v. Sarasota-Manatee Airport Authority,

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Related

Bass v. SOUTHTRUST BANK OF BALDWIN CTY.
538 So. 2d 794 (Supreme Court of Alabama, 1989)
Ryan v. Charles Townsend Ford, Inc.
409 So. 2d 784 (Supreme Court of Alabama, 1981)
Epps Aircraft, Inc. v. Montgomery Airport Auth.
570 So. 2d 625 (Supreme Court of Alabama, 1990)
Turner v. Systems Fuel, Inc.
475 So. 2d 539 (Supreme Court of Alabama, 1985)
West v. Founders Life Assur. Co. of Florida
547 So. 2d 870 (Supreme Court of Alabama, 1989)
Tin Man Roofing Co. v. Birmingham Bd. of Educ.
536 So. 2d 1383 (Supreme Court of Alabama, 1988)
Airline Car Rental, Inc. v. Shreveport Airport Authority
667 F. Supp. 303 (W.D. Louisiana, 1987)
American Bakeries Co. v. City of Opelika
157 So. 206 (Supreme Court of Alabama, 1934)
Toye Bros., Yellow Cab Co. v. Irby
437 F.2d 806 (Fifth Circuit, 1971)
Pirela v. Village of North Aurora
502 U.S. 983 (Supreme Court, 1991)

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601 So. 2d 897, 1992 Ala. LEXIS 502, 1992 WL 101284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/enterprise-management-inc-v-huntsville-madison-county-airport-authority-ala-1992.