Evansville Airport v. Delta Airlines, Inc.
405 U.S. 707 (1972)

Annotate this Case

U.S. Supreme Court

Evansville Airport v. Delta Airlines, Inc., 405 U.S. 707 (1972)

Evansville-Vanderburgh Airport Authority District

v. Delta Airlines, Inc.

No. 70-99

Argued February 23-24, 1972

Decided April 19, 1972*

405 U.S. 707


In No. 70-99, respondents challenged a "use and service charge" of $1 "for each passenger enplaning any commercial aircraft operated from the Dress Memorial Airport" in Evansville, Indiana. The funds were to be used for the improvement and maintenance of the airport. The Indiana Supreme Court, upholding the lower court, held the charge to be an unreasonable burden on interstate commerce in violation of Art. I, § 8, of the Constitution. In No. 70-212, a New Hampshire statute levied a service charge of $1 for each passenger enplaning a schedule commercial airliner weighing 12,500 pounds or more, and a 50

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