DENVER—Denver auditor Dennis Gallagher is asking Colorado Attorney General John Suthers for a legal opinion on whether Denver International Airport broke state law by giving airlines $10.7 million in credits last year that airlines could use to pay airport costs, including landing fees.
The money comes from state fuel tax revenue given to the airport, which is owned and operated by the city.
Suthers has not indicated when he might issue an opinion on the dispute.
State law says fuel tax money can be used to benefit the “state aviation system,” such as through paying for runway construction or safety equipment. Subsidizing airlines is prohibited, unless it is to market air service.
Airport managers and Assistant City Attorney Helen Raabe say the credits don’t qualify as subsidies.
