Scottsdale, AZ commercial litigation attorney Daryl Williams tells the story of a memorable aviation case he handled. He recalls that one of the most intriguing aviation cases he has handled in recent years arose when the City of Kingman sought his assistance. Kingman owned an old Army Air Corps field, originally conveyed to its predecessor on the condition that it be used for aviation purposes. Historically, this airfield had served as the graveyard for B-17 bombers during World War II.

The city had leased the property to an airport authority—an entity formed as a nonprofit corporation under Arizona’s statutory framework. While the city retained ownership of the airport, the authority acted as the airport’s sponsor and operated with complete independence. Functioning as a separate legal entity, it managed the airport without accountability to either the voters or the city itself, prompting Kingman to seek legal counsel.

The city’s initial objective was to cancel the lease by establishing a breach. However, the lease had been drafted by the authority’s attorneys and was heavily one-sided. It provided the authority with extensive remedy and cure periods of 90 days, meaning that any alleged violation could be addressed within that time frame, effectively shielding the authority from termination.

Recognizing this obstacle, he proposed a different solution: condemnation. He explained to the city that as a sovereign entity, it possessed the power to condemn property rights and reclaim the authority’s leasehold interest. Though initially surprised by the concept, the city accepted his strategy.

The matter proceeded to federal court and ultimately reached the Ninth Circuit. Within six months, he secured a court order returning the airport to the city—not on the grounds of a lease breach, but through the exercise of the city’s sovereign right of condemnation. In presenting the case, he drew on precedent dating back to the 1790s, addressing the Contract Clause of the Constitution and its relationship to a sovereign’s authority.

The outcome was striking. The airport authority, which had assumed its autonomy was unassailable, was removed from control, while the city was both surprised and gratified by the result. Despite doubts from many who claimed such an outcome was impossible, he achieved what others had considered unattainable.