Who has authority over the Chattanooga Airport is a matter still waiting to be decided.
A Thursday proceeding in Hamilton County Chancery Court resulted in a trial date being set for June 2027 in the case involving the two boards claiming authority over the airport. Each board, a new one comprised mostly of state appointees and the original one comprised of all local appointees, contends that the other is illegitimate.
In July, a state bill went into effect and paved the way for the formation of metropolitan airport authority boards in Tennessee comprised mostly of state appointees — two by the speaker of the House, two by the speaker of the Senate, two by the governor and three by local leaders. In response to the bill, the original board of the Chattanooga Airport filed a lawsuit against Gov. Bill Lee, Speaker of the Senate Randy McNally, R-Oak Ridge, and Speaker of the House Cameron Sexton, R-Crossville.
(READ MORE: State leaders make appointments to Chattanooga Airport board amid legal challenge)
The litigation has since moved slowly through the court system and is now poised to last into next year.
During Thursday's proceedings, a three-judge panel scheduled a hearing for Sept. 28 to hear arguments on a motion to stay. That motion would determine which board, the state-appointed one or the local-appointed one, has authority of the airport until after the trial has concluded, according to attorney John Konvalinka, who is representing the local-appointed board.
Konvalinka previously told the Chattanooga Times Free Press the legal battle is being fought on two fronts.
One front is that the federal 2024 Federal Aviation Administration Reauthorization Act says states cannot change "governance or operational responsibility" of airports without the consent of the existing sponsor. In this case, the existing sponsor is the city of Chattanooga.
The other front is that the city says the new law takes property without due process in violation of the state constitution. The city transferred ownership of the Chattanooga Airport to the airport authority in 1985, and the city mayor has since made all nine appointments to the board.
(READ MORE: Former Hamilton County deputy mayor tapped for Chattanooga Airport board)
Following Thursday's proceedings, leaders from the two dueling boards left with their own frustrations.
"While we acknowledge the path forward established by the three-judge panel, in my experience, justice delayed is justice denied," said an emailed statement from The Satterfield Group attributed to local-appointed board Chair Jim Hall.
Meanwhile, state-appointed board Chair Shannon Burger contends that the costs of continued litigation are a detriment to the airport.
"We're talking about a trial next year," Burger said by phone. "Every additional dollar spent on litigation is a dollar that can't be invested into passengers, safety, infrastructure, air service development and the future growth of the airport authority."
Until a determination is made at the September hearing, both boards intend to keep meeting.
"As this matter moves through the courts, the board remains active and focused on supporting the ongoing operations of Chattanooga Airport," the emailed statement attributed to Hall said. "We represent the citizens of Chattanooga, and we take that responsibility seriously. Our priority is doing what is best for the airport and the community it serves."
Conversely, Burger said no court has yet sided with the local-appointed board nor disputed the new law.
"By law, we are the board," Burger said. "Until a court says otherwise."
Contact outdoors reporter Sam Still at sstill@timesfreepress.com or 423-757-6579.