Northwest Airlines, Inc. v. County of Kent, 510 U.S. 355, 15 (1994)

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Cite as: 510 U. S. 355 (1994)

Opinion of the Court

To recapitulate, a levy is reasonable under Evansville if it (1) is based on some fair approximation of use of the facilities, (2) is not excessive in relation to the benefits conferred, and (3) does not discriminate against interstate commerce. 405 U. S., at 716-717. The Airlines contend that the Airport's fee structure fails the Evansville test on three main counts. We consider each contention in turn.

1

As noted above, the Airport allocates its air-operations costs between the Airlines and general aviation; the concessions in fact supply the lion's share of the Airport's revenues, see supra, at 360, but are allocated none of these costs. The Airlines contend that the concessions benefit substantially, albeit indirectly, from air operations, because those operations generate the concessions' customer flow. Therefore, the Airlines urge, the Airport's failure to allocate to the concessions any of the airfield-associated costs violates Evansville's requirement that user fees be "based on some fair approximation of use or privilege for use." 405 U. S., at 716-717. The cost reallocation sought by the Airlines would not change the market-based rent paid by the concessions, see supra, at 360, but it would lower the charges imposed on the Airlines.

We see no obvious conflict with Evansville in the Airport's allocation of the costs of air operations to the Airlines and general aviation, but not to the concessions. Only the Airlines and general aviation actually use the runways and navigational facilities of the Airport; the concessions use only the terminal facilities. The Airport's decision to allocate costs according to a formula that accounts for this distinction appears to "reflect a fair, if imperfect, approximation of the use of facilities for whose benefit they are imposed." 405 U. S., at 716-717.15

15 See also 405 U. S., at 718-719 (airports may lawfully distinguish among classes of users, including aircraft operators and concessions, based on their differing uses of airport facilities); Denver v. Continental Air Lines,

369

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