Delta Wins Right to Remain at Dallas Love
Joe Cortez February 07, 2017
Court of Appeals hands down split decision in favor of Delta retaining leased gates.
Delta Air Lines can continue flying out of Dallas’ smaller airport after an appellate court ruled the carrier can keep one gate leased to them from Southwest Airlines. USA Today reports the court decision allows Delta to maintain gates at Dallas Love Field (DAL), while a lawsuit over how to manage the spaces heads to trial.
The turf war between the two airlines began three years ago when the Dallas-based carrier sought to evict Delta from their home airport in order to expand. Southwest currently controls 18 of a total of 20 gates at DAL, with the other two belonging to Virgin America. During this time, Delta pushed back in a lawsuit against Southwest, claiming they should be allowed to maintain their gate space. The City of Dallas filed their own lawsuit one year later, asking the court to help determine which airline has priority over the gates. In 2016, a federal district court judge ruled that Delta could maintain their gate while the lawsuits were pursued.
The latest ruling from the Fifth Circuit Court of Appeals confirms the lower court’s ruling in a two-to-one split decision. The injunction allows Delta to keep their gate until their suit against Southwest can be heard. Southwest argued that because Delta was not one of three parties to the original lease agreement (the other two being American Airlines and United Airlines), their rights to the gate were limited.
Southwest has not announced if they will seek further appeals to the stay. A trial date for the pending case between Delta and Southwest has not been set.
[Photo: Shutterstock]
