Tennessee seeks dismissal of Chattanooga airport governance lawsuit

Tennessee's attorney general wants a three-judge panel to throw out Chattanooga's lawsuit over control of the Chattanooga Metropolitan Airport board. In a motion, Jonathan Skrmetti argued the city and its previously appointed airport board have shown no injury from the new state law, the Tennessee Lookout reported.

That law, signed in May, gives the governor, lieutenant governor and House speaker two appointments each to the nine-member boards overseeing several of Tennessee's larger airports. Mayors of the affected localities keep three appointments. Chattanooga and its locally chosen airport board sued in June, saying the change violates the Tennessee Constitution.

A state-installed board took office in July and later voted to pull the airport authority out of the case. That request is still pending. The locally appointed board has kept fighting, and Chattanooga has a second case in federal court naming the FAA and turning on airport sponsorship. It was filed with the U.S. Court of Appeals for the D.C. Circuit in June.

Mayor Tim Kelly told the Times Free Press the airport holds under 4% of state enplanements yet has record passenger numbers and keeps growing under local leadership. Handing board control to state officials in Nashville, he said, threatens the airport's future and regional interests, which is why the lawsuit will continue.

The dismissal motion and the new board's bid to withdraw could reach the three-judge panel on Sept. 28.