Airport tenants are not necessarily left without recourse if an Airport Sponsor creates a mootness hurdle to a Part 16 complaint by voluntarily correcting or ceasing a Grant Assurance violation. There are two relevant exceptions that may allow airport tenants to clear the mootness hurdle and proceed with a Part 16 complaint: (1) voluntary cessation; and (2) wrongful conduct capable of repetition, yet evading review. These exceptions provide airport tenants with useful tools to hold Airport Sponsor accountant when it commits temporary and/or recurring Grant Assurance violations. When airport tenants cannot overcome the mootness hurdle, a Part 13 complaint may be an alternative remedy. If you encounter Grant Assurance violations by your Airport Sponsor, contact aviation counsel to discuss your options.
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