A municipality’s petition for review of the Department of Transportation’s (DOT) order declaring its ordinance imposing tax on airlines every time one of their flights lands within the municipality’s borders invalid is denied as the Anti-Head Tax Act, 49 U.S.C. section 40116 text unambiguously demonstrates that subsection (c) is not a savings clause for flight-related taxes.
Read Township of Tinicum, Delaware County, Pennsylvania v. DOT, No. 08-1830
Appellate Information
On Petition for Review of an Order of the United States Department of Transportation
Opinion Filed September 14, 2009
Judges
Before: Chagares and Hardiman, Circuit Judges and Garbis, District Judge Opinion by Chagares, Circuit Judge
Counsel
Counsel for Appellant: Francis G.X. Pilleggi, Sheldon K. Rennie, Sophia Siddiqui
Counsel for Appellee: Dale C. Andrews, Paul M. Geier, Mary F. Withum, Robert B. Nicholson, Robert J. Wiggers
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