a victory in the rectrix lawsuit

February 18, 2008 at 8:00 pm | Posted in barnstable, barnstable airport, barnstable municipal airport, cape cod, janet joakim, rectrix | 4 Comments
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In Saturday’s Cape Cod Times, hidden on the back of the business news- tucked into the sports page, was a story about a judge’s decision in the lawsuit filed by Rectrix against the Barnstable Municipal Airport.  The story gave the impression that this was a small victory.  Yet, to many this is seen as a substantial victory. 

The reporter was unable to reach the attorney for the airport but the p.r. firm for Retrix made sure to deliver the message that this was only a minor victory.  

Finding that the Barnstable Municpal Airport was not guilty of violating antitrust laws is a major victory.

TOWN PRESS RELEASE

Judge’s decision regarding the Rectrix lawsuit

On Friday, February 15, the United States District Court in Boston dismissed the antitrust claims Rectrix Aerodrome Centers, Inc. has been asserting against the Barnstable Municipal Airport Commission and various individuals.  Rectrix claimed that the BMAC has maintained an unlawful monopoly in the sale of jet fuel at Barnstable Municipal Airport.  The Court disagreed.  In his written order granting the defendants’ motion to dismiss, Judge Richard G. Stearns found that the Massachusetts state legislature has given municipal airport commissions, including the BMAC, broad powers to govern the airports they operate.  Judge Stearns agreed with the Airport Commission that “the rules developed by the BMAC for the fueling of jet aircraft ‘lie close to the heart’ of the Airport’s basic purpose” and dismissed all of Rectrix’s anti-monopoly claims.

The Town’s defense team, led by Scott P. Lewis of the Cambridgelaw firm Anderson & Kreiger LLP, argued to the Court last week that Rectrix has no right to sell jet fuel at the Airport under its lease or under any Airport rules and regulations.  Lewis pointed out that in exercising its right to be the exclusive provider of jet fuel at the Airport, the BMAC has followed “thirty years of formal, carefully-considered, unambiguous guidance” from the Federal Aviation Administration.   

While Rectrix may continue to press its other claims against the BMAC and the individual defendants, Town Attorney Ruth Weil hailed Judge Stearns’ decision as a “major victory.”  “The central claim in Rectrix’s lawsuit has been that the BMAC has maintained an unlawful monopoly in the sale of jet fuel at the Airport to generate revenue to be diverted to the Town for unlawful, non-airport uses,” she said.  Weil continued:  “We are pleased that the Court has rejected Rectrix’s claim that the BMAC’s monopoly is unlawful.  We look forward to showing that Airport revenue has only been used for lawful airport purposes.  The money the BMAC derives from the sale of jet fuel provides an important source of revenue for Airport capital and operating expenses and for Airport improvements, including a new passenger terminal.  The Town of Barnstable does not use Airport revenue for non-airport purposes.”


4 Comments »

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  1. Been following this in the press.

    You are right, this is a major victory.

    Can you post the full decision? Is that public info?

    People should consider the relationship between the pending issues and this one that has been decided.

    The lawyer’s for the very very wealthy Rectrix corp will be happy to say things are still winable or that this isn’t a setback, but that’s what they have to say to continue to churn out those billable hours.

    It might be best for them to measure the upcoming costs to continue against the chance of winning after this setback. But then, they would look to their lawyers for advice and those guys aren’t about to bite the hand that feeds them!

    Comment by Anonymous — February 19, 2008 #

  2. News Flash…

    It was revealed today that KingCOG will be subpoened by Congressman Waxman to testify about blogs exhibiting roid-rage. KingCOG has denied illegally enhancing his blogs, and has hired the same legal team that recently defended Roger Clemens to present his defense.

    “I have never, ever used enhanced blogs,” stated the King, and he presented secret tape recordings with his ally the JESTER as his proof. Unfortunatly, these tapes were largely unintelligible, as they consisted mainly of the 2 men yelling back and forth about a “conspiracy to get them.”

    One unnamed congressman was quoted as saying, “obviously someone here is lying, and I have a pretty good idea who it is.”

    Plans to schedule the hearing have been placed on hold, as numerous frivilous lawsuits have been filed by the King’s legal staff, as they seek to access the email files of every Yahoo user in America. “This conspiracy goes deep, and a record search will show that the Barnstable government is behind it….obviously, they have convinced the NSA to tap into the internet and plant false email messages.”

    As always, more to follow………

    Comment by Coddah — February 19, 2008 #

  3. Janet,

    Did you see the post on Barnstablebeat blog?

    Did Greg Milne really make that announcement about letting the charter commission vote on whether he can be on the commission? Lopez says he did, but I doubt he was actually at Gregs fundraiser.
    PK
    Hyannis

    Comment by Bythesea cottage — February 20, 2008 #

  4. Yes Janet did see my blog post and yes Greg made that statement.

    Comment by TJ — February 22, 2008 #


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