Port of Galveston prevails in lawsuit

Port of Galveston prevails in parking lawsuit

The Port of Galveston prevailed in an appeal decided by the US Federal Maritime Commission over a lawsuit filed by three private parking lot operators.

Santa Fe Discount Cruise Parking, known as EZ Cruise, Lighthouse Parking and 81st Dolphin Parking sued the port and an affiliate, Galveston Port Facilities Corp. (GPFC), over fees charged to drop off and pick up passengers and luggage at the Galveston cruise terminals.

The case was filed with the FMC, which has jurisdiction over claims asserted under the Federal Shipping Act of 1984. In a December 2015 decision, Chief Administrative Law Judge Clay C. Guthridge ruled the claims asserted by the parking operators were unsubstantiated. Guthridge dismissed the complaints 'with prejudice,' which means they may not be brought up again.

The parking companies appealed that ruling to the full commission. A unanimous decision issued Jan. 13 affirmed Guthridge's rulings in full.

The Port of Galveston and GPFC will now file motions to recover attorney’s fees and to disburse money held in a Federal District Court Registry while the litigation was pending under an interim order. The port will ask to terminate that order so the three parking companies will pay access fees directly to the port on a monthly basis, as other operators currently are required to do.

The port and GPFC were represented by McLeod, Alexander and Powel & Apffel, led by Tony Brown, with significant assistance from port staff.

Posted 14 January 2017