In a closely watched case, the Baxter County Circuit Court has issued a ruling Monday afternoon, clarifying the respective roles of the Baxter County Airport Commission and the Baxter County Judge in managing and leasing airport property.
The court’s ruling finds that while the Commission has broad authority to operate, manage, and oversee the airport, its power does not extend to encumbering airport property, which includes entering into leases. The court determined that only the County Judge has the authority to execute leases for county-owned airport property.
However, the court also ruled that the Airport Commission retains the right to negotiate and determine the terms of leases, with the County Judge’s role limited to signing off on those agreements.
Judge Bailey emphasized the need for cooperation between the Commission and the County Judge, noting that the statutory framework requires both entities to work together to safeguard the airport and serve the citizens of Baxter County.
The case arose from a complaint filed by the Baxter County Airport Commission seeking a declaratory judgment on its authority to operate the county-owned airport. The Commission argued that it had “unlimited authority” to manage airport operations and that the County Judge had no jurisdiction over its activities, particularly concerning the leasing of airport property and contends these actions violated state statutes, risk FAA funding, and compromised the airport’s management and compliance with federal law.
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