Boulder will not appeal recent airport ruling

City will continue to prioritize safe airport operations as court appeal deadline passes.

The City of Boulder has made a decision not to appeal a recent court ruling in a case it filed last fall related to the Boulder Municipal Airport. The deadline for this decision was today, Friday, Nov. 14.

Last year, the city challenged the federal government’s position that a 1991 grant of $5,800 obligates the city to operate the Boulder Municipal Airport forever. The United States District Court granted the federal government’s motion to dismiss the lawsuit, finding that a determination about the city’s obligation was premature. The court dismissed the case without prejudice.

After evaluating the ruling, the city has decided not to file an appeal. The city’s policy question around land use remains on hold at this time.

As there was no judicial answer to the city’s question of whether the United States can obligate the city to run the airport in perpetuity, the city continues to maintain that it is only obligated to operate the airport until May 2040, when the 20-year duration of its most recent federal grant will expire.

In the meantime, the city will continue to prioritize funding critical safety measures, such as pavement remediation, to operate the airport in compliance with all federal requirements. The city is exploring options to support aging infrastructure needs, as well as innovations such as exploring unleaded fuel options, with the airport fund and alternative grants that do not require city obligations for an extended time into the future.
Boulder Municipal Airport is a general aviation airport, providing business, private and recreational aviation services to the city and surrounding communities. Learn more on the airport webpage.

See the original announcement here.