Rockville-based Silver Diner has filed a lawsuit against BWI Thurgood Marshall Airport concessions manager Fraport, seeking to remain at the airport after nearly 20 years of operation.
The lawsuit, filed September 8 in Anne Arundel County Circuit Court, accuses Fraport of breach of contract and fraudulent misrepresentation. Silver Diner alleges that a 2022 Collaboration Agreement called for Fraport to provide the restaurant with a new 10-year sublease if Fraport received the airport’s concessions management contract, which it was awarded in 2025.
According to Silver Diner, Fraport subsequently required the company to completely gut and rebuild its BWI location, including its kitchen and mechanical systems. Silver Diner alleges those requirements were not part of the original agreement and would increase its planned renovation cost from at least $1.5 million to between $8 million and $10 million. The company says the work would also require the restaurant to close for at least a year and affect approximately 120 jobs.
Silver Diner also alleges that Fraport initially represented the complete rebuild as a State requirement, but that Maryland Aviation Administration officials told Silver Diner during a July 2026 meeting that the concessions agreement did not contain such a requirement. These claims are allegations contained in Silver Diner’s lawsuit and have not been adjudicated.
The company says its BWI restaurant, which opened in 2007, remains one of the airport’s busiest full-service restaurants and offers lower prices than several other airport dining options. Silver Diner provided comparisons showing its cheeseburger at $18.49 compared with $25.29 at Flying Dog, while its crabcake platter is $32.99 compared with $64.99 at Flying Dog and $68.49 at Obrycki’s. Silver Diner also serves breakfast throughout the day and says it serves a significant number of travelers before 11 a.m.
Silver Diner, founded in Rockville in 1989, argues that removing the restaurant would eliminate a locally based and relatively affordable option at the airport. The company says it partners with more than a dozen local farms and currently employs more than 120 people at BWI.
The lawsuit asks the court to require Fraport to honor the alleged 2022 agreement and provide Silver Diner with a 10-year sublease at its current location. Silver Diner says it wants to renovate and continue operating at BWI.
“We love being at BWI Thurgood Marshall Airport and serving fresh, locally sourced food to our loyal customers at fair prices,” Silver Diner Chairman Robert Giaimo said. “We are confident we will prevail and have a long future at BWI.”
