The term “airport proprietor” has been tested and affirmed by several court cases. See the enclosed memo, ‘The Definition of “Airport Proprietor” and Its Application to Naples Airport.
The Florida Legislature created the Naples Airport Authority in 1969 at the request of the City of Naples. After its creation, the City leased the airport property to the NAA through 2068. Since then, the NAA has been officially recognized as the airport sponsor, operator and also as the airport proprietor.
Both the prior City Attorney and the FAA have stated, in writing, that the City is not the proprietor nor the sponsor of the airport. Additionally, at the September 19th City Council meeting the aviation attorney engaged by the City also indicated that regardless of who the airport sponsor or proprietor is that they are still subject to the Airport Noise and Capacity Act of 1990 (ANCA) which prohibits any new local restrictions without FAA approval.