DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063586P.pdf 03/04/2008 Executive Air Taxi v. City of Bismarck
U.S. Court of Appeals Case No: 06-3586
and No: 06-3600
and No: 06-3602
District of North Dakota - Bismarck
[PUBLISHED] [Colloton, Author, with Beam and Gruender, Circuit Judges]
Civil case - civil rights. City had a legitimate interest in generating
revenue by selling fuel at the city's airport, and the actions it took with
respect to plaintiff, such as refusing to tow planes to plaintiff's refueling
facilities, were rationally related to its legitimate goals and did not
deprive plaintiff of due process; differences in how the city treated
plaintiff, the full-service provider at the airport, and other vendors who
provided only limited services were rationally related to the formal lease
agreement between the parties and did not violate plaintiff's equal
protection rights; discovery orders affirmed; city's counterclaim that
plaintiff had breached the parties' contract concerning fuel fees was
barred by the North Dakota statute of limitations on contract actions.