Mesa Delays New Falcon Field Landing Fees For 90 Days

The Mesa City Council has voted 6-1 to delay Falcon Field Airport’s landing fee program amid an ongoing lawsuit and an investigation by the Federal Aviation Administration (FAA).

“This delay in the implementation is to give an opportunity for our outside counsel, a national expert, to provide that independent review, and to determine whether to provide confirmation on the fees or to propose and recommend new fees,” said city attorney Jim Smith.

Anderson & Kreiger LLP, a nationally recognized law firm from Boston with extensive experience in airport law, is representing Mesa. The firm requested additional time to complete its review and provide recommendations, according to a statement from the city.

In a statement, Mesa says it remains committed to the fees to keep the airport self-sustaining, and “ensures those who use the airport pay the cost of their use and protects taxpayers from bearing the cost of those operations.”

The FAA in a letter to the city said it has “significant concerns” about Mesa’s plan to charge landing fees, and that they “may be inconsistent with the city’s federal obligations, both grant assurances and Surplus Property Act conveyance obligations.” The FAA has not issued a final determination on the issue.

The fees were scheduled to take effect on July 30, but have now been delayed 90 days.

The landing fee program, which the council says is to fund the airport, has been the subject of scrutiny since it was first approved in March.

Two flight schools — CAE Aviation Academy and Thrust Flight — have sued Mesa, alleging the fees are illegal, and the FAA is investigating the program.

A federal judge denied a request to delay the fees, but the city still voted to delay the program at the request of the FAA.

Councilwoman Alicia Goforth was the only one to vote against the measure.

“The city is still absolutely committed to the implementation of landing fees,” Goforth told KJZZ. “However, I am not in support of additional time and extended delay.”