Delta asked to leave Dallas Love Field

[HowardBorden]

Fascinating to me that Federal rulings that limit an airports scope can be interpreted two different ways in Houston and Dallas, both go in SWA's favor. (Both instances include questionable politics) Doj really needs to take a closer look at what's been done

SOUTHWEST AIRLINES COMPANY, Plaintiff-Appellee,
v.
TEXAS INTERNATIONAL AIRLINES, INC., et al., Defendants-Appellants,
v.
TEXAS AERONAUTICS COMMISSION, Intervenor-Appellee.

No. 75-2539.

United States Court of Appeals,
Fifth Circuit.


V. CONCLUSION

62
This is the eighth time in three years that a federal court has refused to support the eviction of Southwest Airlines from Love Field. Precisely worded holdings and deference to state authorities by the federal judiciary have only generated more suits, appeals, and petitions for rehearings. Once again, we repeat, Southwest Airlines Co. has a federally declared right to the continued use of and access to Love Field, so long as Love Field remains open. The narrowly drawn preliminary injunction of the district court correctly protects that right. It does so without violating principles of federalism, the federal law of res judicata, or the dictates of due process.

The judgment of the district court is

63
AFFIRMED.

 

[Flopgut]

Let's have the actual link to that Howard. If you don't mind?

 

[shagadelic]

Let's have the actual link to that Howard. If you don't mind?

Let me google that for you:

http://lmgtfy.com/?q=Once+again%2C+we+repeat%2C+Southwest+Airlines+Co.+has+a+federally+declared+right

 

[BILL LUMBERG]

Sh!ts gettin real....maybe Dallas should force Southwest to divest their gates? What's that? They are theirs? Really? That never stopped them from crying for somebody elses gates at other cities......




An attorney for Delta Air Lines Inc. threatened to sue the city of Dallas unless it takes ?immediate action to implement a short-term solution? that keeps the Atlanta-based airline flying from Dallas Love Field.
In a nine-page letter to Dallas aviation director Mark Duebner, attorney Kenneth Quinn demanded that the city find room for Delta, which has been flying from Love Field since 2008. It flies five daily nonstops to Atlanta and had planned to add more flights after the Wright amendment expires Oct. 13.
Earlier this week, the city told Delta that it would have to leave Love Field come Oct. 13 because there was no space to accommodate it.
The new Love Field has 20 gates, 16 of which are being used by Southwest Airlines. Two others will be used by Virgin America beginning Oct. 13, and the final two are leased by United Airlines. United is subleasing one to Southwest and has told the city it will use the second to increase its flights to Houston next year.
In his letter, Quinn said Delta was under the impression ?as recently as last week? that the city ?had notified United by letter that it must accommodate Delta on its gates.?
Instead, United handed over one of its gates to Dallas-based Southwest, which had been looking to add to its gates at the city-owned airport.
Delta also said United was not playing fair with its second gate. While the airline is doubling its flights to Houston, it?s also going to ?triple its aircraft ground times in an effort to preclude Delta from using its gates,? Quinn said.
In his letter to Duebner, Quinn included a copy of United?s proposed service levels in 2015, showing that each plane will spend about 90 minutes on the ground, which is three times longer than its planes spend on the ground now.
?It is simply not true, as the city would have it, that there is no room at the inn for Delta,? Quinn said in his letter. ?The truth is, the city decided the available gate space should go to hometown favorite Southwest ? which already controls 80 percent of the gates at Love Field ? instead of to Delta, which would have used the gate space to compete with Southwest.?
Duebner, First Assistant City Manager Ryan Evans and City Attorney Warren Ernst did not respond to emails seeking comment.
Earlier this week, City Manager A.C. Gonzalez said, ?We understand that while the situation we?re looking at is subject to some disagreement, we are going to maintain our view that we want full utilization and robust competition for Love Field.?
Quinn said that at the minimum, Delta wants the city to let it keep flying out of Love Field until January, if only to accommodate the 16,000 passengers who have already purchased tickets out of the airport. But it also wants to stay in Dallas. Anything less, writes Quinn, will probably wind up with a trip to the courthouse.
?Although we are hopeful that the city will accommodate Delta?s request,? he writes, ?these attempts to resolve this matter will not preclude Delta from seeking additional relief at law or in equity.?
Delta also had asked Virgin America to find space for Delta?s flights at Virgin?s two gates. Virgin America chief executive David Cush said his carrier turned down Delta?s request.
?Our answer is: We?re fully utilizing our gates,? Cush said this week.
Virgin America will move its operations from Dallas/Fort Worth International Airport to Love Field on Oct. 13, the day that federal law will allow nonstop service from Dallas to any U.S. airport. It begins operations with nine departures a day, going to 13 departures Oct. 28 and 16 departures in April.
Virgin America is allowing tiny carrier SeaPort Airlines to use its gates for two daily departures for El Dorado, Ark.
?We?ll accommodate them as long as we can. We?ll see how long it is,? Cush said.
?But certainly with 16 flights, we can accommodate them. With 18, it?ll be a little trickier,? he said. ?But you know, they wanted two flights a day. They didn?t want the pattern of service that Delta was looking for.?

 

[HowardBorden]

Let's have the actual link to that Howard. If you don't mind?

Have you never heard of this magical web search tool called Google?
Paragraph 62.

http://openjurist.org/546/f2d/84/southwest-airlines-company-v-texas-international-airlines-inc

 

[General Lee]

Oh snap! This Shiznet is getting real! (Thanks Bill for the laugh). Let's show those Corndogs some real "LUV" at Love Field with 5 daily 717s to Hotlanta! Hot damn!


Bye Bye---General Lee

 

[humveedriver]

How much did Delta invest in the Love Field Modernization Project? How much did SWA? Every time an airline moves either its Hq or major hub out of TX they get burned politically. See a pattern there?

"As part of its financial support
for the LFMP, Southwest Airlines has sold $310 million in bonds, which will directly support the project’s $519 million cost. These bonds, with a 5.25 percent interest rate, were arranged through the Dallas Love Field Airport Modernization Corp. with the bonds’ principal and interest payments guaranteed through Southwest.
By issuing these bonds by the end of 2010, the project is exempt from the federal alternative minimum tax.
Southwest’s smart planning of issuing bonds in 2010 could potentially save the project millions of dollars due to the tax exemption.
Not since Love Field’s original construction in the 1950s has the airport undergone such a dramatic reconstruction of its facilities and committed to such an impressive financial investment."

http://www.dallas-lovefield.com/pdf/LFMP_Newsletter_0111.pdf

 

[General Lee]

How much did Delta invest in the Love Field Modernization Project? How much did SWA? Every time an airline moves either its Hq or major hub out of TX they get burned politically. See a pattern there?

"As part of its financial support
for the LFMP, Southwest Airlines has sold $310 million in bonds, which will directly support the project?s $519 million cost. These bonds, with a 5.25 percent interest rate, were arranged through the Dallas Love Field Airport Modernization Corp. with the bonds? principal and interest payments guaranteed through Southwest.
By issuing these bonds by the end of 2010, the project is exempt from the federal alternative minimum tax.
Southwest?s smart planning of issuing bonds in 2010 could potentially save the project millions of dollars due to the tax exemption.
Not since Love Field?s original construction in the 1950s has the airport undergone such a dramatic reconstruction of its facilities and committed to such an impressive financial investment."

http://www.dallas-lovefield.com/pdf/LFMP_Newsletter_0111.pdf

Hi, your record of contributing ANYTHING to terminal reconstruction is abysmal at best, until recently. In the past you picked up the scraps as the legacies went out and paid for new terminals, and then of course went BK after 9-11. Great guesswork at the time, but you never added much to any airport terminal other than cat puke orange banners prior to your HOU intl terminal or the Love field clean up. Annnnnnnnnddddd, you know I'm "Wright"....... Hahahaha.


Bye Bye---General Lee

 

[humveedriver]

You forgot the cat puke in FLL.

FORT LAUDERDALE — Travelers using Fort Lauderdale-Hollywood International Airport soon will get a slew of international destinations to pick from as the Southwest Airlines terminal begins a massive, $300 million makeover.

Doesn't really matter what you think General. Lawyers will have to win this one. I think money talks.

 

[HowardBorden]

Great guesswork at the time, but you never added much to any airport terminal other than cat puke orange banners prior to your HOU intl terminal or the Love field clean up.

Wrong as usual!

LAX
Southwest Airlines and Los Angeles International Airport will fund about $400 million in Terminal 1 improvements under a plan approved Monday by the Board of Airport Commissioners.
http://www.dailybreeze.com/20130114/southwest-lax-plan-400-million-renovation

FLL
Travelers using Fort Lauderdale-Hollywood International Airport soon will get a slew of international destinations to pick from as the Southwest Airlines terminal begins a massive, $300 million makeover.
http://articles.sun-sentinel.com/20...ional-airport-southwest-airlines-new-terminal

ISLiP
In 2004 MacArthur Airport embarked on an expansion that included a Southwest Airlines terminal built by the airline at a cost of $65 million.
http://en.m.wikipedia.org/wiki/Long_Island_MacArthur_Airport

 

[General Lee]

Wrong as usual!

LAX
Southwest Airlines and Los Angeles International Airport will fund about $400 million in Terminal 1 improvements under a plan approved Monday by the Board of Airport Commissioners.
http://www.dailybreeze.com/20130114/southwest-lax-plan-400-million-renovation

FLL
Travelers using Fort Lauderdale-Hollywood International Airport soon will get a slew of international destinations to pick from as the Southwest Airlines terminal begins a massive, $300 million makeover.
http://articles.sun-sentinel.com/20...ional-airport-southwest-airlines-new-terminal

ISLiP
In 2004 MacArthur Airport embarked on an expansion that included a Southwest Airlines terminal built by the airline at a cost of $65 million.
http://en.m.wikipedia.org/wiki/Long_Island_MacArthur_Airport

How about SEA? You took DL's old gates in B and DL got new ones in A, then over to the island (N) after the merger. Now DL has gates in A, B, and N. Then there is SLC. How about BOS? What about LGA? And then, of course, ATL. Big fat zeros at all of those.

And you guys must not have read the part from my above post about saying "until recently...." Now your management wants to use up all the cash, to avoid giving you more. Keep trying though, even without those non existent bag fees or change fees, you can do it. We are all watching.



Bye Bye---General Lee

 

[HowardBorden]

Now your management wants to use up all the cash, to avoid giving you more. Keep trying though, even without those non existent bag fees or change fees, you can do it. We are all watching.

Well, just those terminal projects listed on this page alone add up to a $1.74 Billion SWA contribution to terminal development but you're right, "our record of contributing ANYTHING to terminal reconstruction is abysmal at best"

 

[General Lee]

Well, just those terminal projects listed on this page alone add up to a $1.74 Billion SWA contribution to terminal development but you're right, "our record of contributing ANYTHING to terminal reconstruction is abysmal at best"

Howie, again you missed my statement "until recently." In the past you were abysmal indeed. But, now with some profits rolling in due to consolidation and lower gas as of late, your bosses will build a lot of new stuff, and will show up at contract negotiations looking for more. I hope you guys hold out and keep the upward trend going. Good luck Howie!

Btw, congrats on only spending $1.4 billion on that full list of several airport terminals. When you guys start spending over a billion at ONE airport, I'll be impressed. What are you guys adding at your new terminals? Corn dog stands and a Keg of "Shlitz" beer? Will you sell wine coolers too? Sure you won't.



Bye Bye---General Lee

 

[BILL LUMBERG]

How much did Delta invest in the Love Field Modernization Project? How much did SWA? Every time an airline moves either its Hq or major hub out of TX they get burned politically. See a pattern there?

"As part of its financial support
for the LFMP, Southwest Airlines has sold $310 million in bonds, which will directly support the project?s $519 million cost. These bonds, with a 5.25 percent interest rate, were arranged through the Dallas Love Field Airport Modernization Corp. with the bonds? principal and interest payments guaranteed through Southwest.
By issuing these bonds by the end of 2010, the project is exempt from the federal alternative minimum tax.
Southwest?s smart planning of issuing bonds in 2010 could potentially save the project millions of dollars due to the tax exemption.
Not since Love Field?s original construction in the 1950s has the airport undergone such a dramatic reconstruction of its facilities and committed to such an impressive financial investment."

http://www.dallas-lovefield.com/pdf/LFMP_Newsletter_0111.pdf

Oh thanks Humvee....

You teed up my next point. As SWA whined about the access they "deserved" at LGA, DCA, etc etc.....couldn't the other airlines use the same argument in keeping you out?

I mean the legacies built the airport and airways system well before Herb was a frat boy chuggin Wild Turkey bombs in College and then you get to stick your 2 cents into slot and gate divestures as the mergers and acquisitions got played over the last decade. Hipocracy at its best!

Delta should charge SWA to even operate into Atlanta....using your thought process, heck, we built ATL practically.

if you lease space in Trump Tower, doesn't mean you own the building and get to put up your name in gaudy letters on the side of it....it's still the Donalds. Just because you built a terminal and floated some bonds, doesn't mean its your airport.

But once again, somebody gets paid to help you guys out. "See the pattern here?"

 

[Flopgut]

Have you never heard of this magical web search tool called Google?
Paragraph 62.

http://openjurist.org/546/f2d/84/southwest-airlines-company-v-texas-international-airlines-inc

Thanks. Just want to be on the same page. You do see this came to be because SWA was "Texas only" and outside CAB control? It's why there had to be a Wright Amendment. SWA had no right or authority to leave Texas. And you can tell from glancing thru the link you provided, this was a close decision to begin with. For you to think your airline got to this point because you deserved it or earned it is a joke. You've betrayed and abused every customary and proper way an airport and/or airline moves ahead.

Fast forward to today: Like a spoiled child, SWA builds it's own near complete monopoly international terminal in Houston, and just assumes any foreign destination will make space available to them?! Flying international, you get the same access that you provide. Hubris and entitlement=SWA "spirit". Continental had to refurbish an entire international terminal at IAH (D) and then leave it for competeing airlines to use, to get permission to build our new terminal E. SWA should be reimbursing Houston and Continental for those costs.