Crash landing for airport lawsuit
DOWNTOWN LA — A complaint filed against the Santa Monica Airport that’s been in litigation for nearly six years has been thrown out of court, paving the runway for the best and safest facility possible, officials say.
The Second Appellate District of the California Court of Appeals on Aug. 24 rejected a lawsuit filed in November of 1999 against City Hall by the Santa Monica Airport Association (SMAA), alleging a breach of contract Santa Monica made with the Federal Aviation Administration in 1984.
The SMAA, consisting of pilots and business interests, believed City Hall was in violation of its 1984 agreement with the FAA because it attempted to over-regulate the airport on behalf of residents. City Hall asserted that SMAA was not authorized to bring a lawsuit regarding the terms of the 1984 agreement, a point supported in last month’s decision made by Judge J. Armstrong.
Bob Trimborn, airport manager, said the decision is significant because it puts aside years of litigation and provides an opportunity for all parties to move forward making the airport work as well as possible.
“I hope the ruling will encourage the Airport Association to work with city staff on the issues facing the airport today, rather than dwell on issues from the past,” Trimborn said. “We want to move forward and make the airport the best and safest place for use.”
Martin Tachiki, a deputy city attorney who represented City Hall in the case, said the SMAA could try to appeal to the California Supreme Court, but it’s unlikely the state’s highest court would hear the case.
Lloyd Kirschbaum, the SMAA’s attorney, didn’t comment.
Santa Monica Airport has been owned by City Hall since 1919, but was relinquished during World War II, when the federal government took it over.
In 1948, following the war, the airport was returned to City Hall on the condition the site continue to be used as an airport. Meanwhile, the Douglas Aircraft plant adjacent to the airport was closed and homes constructed in the area.
Homeowners began to complain about the airport noise, especially after jets were introduced during the 1960s, according to court records.
During the 1970s and 1980s, City Hall began regulating aviation use at the airport. City Hall had two goals in mind — to respond to homeowner noise complaints and raise revenue by re-developing the site.In 1977, the SMAA and other groups sued City Hall over an ordinance which banned jets and imposed a night curfew on flights.
The SMAA alleged the restrictions violated constitutional laws which guaranteed groups equal protection and commerce. The SMAA won the lawsuit.
However, City Hall created a new ordinance which also had the same effect of banning jets. The SMAA sued again. As the case made its way into the courts, City Hall attempted to take steps to close the airport by trying to terminate airport tenants, which prompted an investigation by the FAA, according to court documents.
By 1982, the FAA sent City Hall a letter which stated Santa Monica had “demonstrated a concerted effort to prevent and restrict aircraft operations and aeronautical activities at the airport,” according to court documents.
The FAA threatened to sue City Hall, but negotiated a settlement instead. Under that 1984 agreement, airport operations that included traffic flows and noise issues were covered. The agreement expires in 2015. The SMAA, unhappy with aspects related to the agreement, took the issue to court in November of 1999. Last month’s decision means the SMAA had no right to take the case to court. Tachiki said it also clears a path for residents to address airport environmental issues.
“We will be able to make sure facilities are operating in safe conditions and our approved landing fee program continues to look at ways to make sure our noise abatement program minimizes the impact on the neighborhood,” Tachiki said. “We can talk to the public about their concerns and issues they want to raise.”
Originally published in the Santa Monica Daily Press print edition on September 8, 2005. Read the original PDF.