Charlotte Mayor Patsy Kinsey praised the Federal Aviation Administration's position.
A North Carolina judge in August blocked the state from stripping control of the airport from the city until the FAA weighed in on the issue
The city says the Republican-led N.C. General Assembly's move to turn over day-to-day operations of the airport to a 13-member airport commission runs afoul of the state constitution.
One of the key issues is whether an FAA-issued operating certificate could be transferred from the city to the commission. The city said no, while attorneys for the commission said it could be.