Burbank Airport to Appeal Ruling to U.S. High Court
The Burbank-Glendale-Pasadena Airport Authority intends to ask the U. S. Supreme Court to overturn a ruling by the California Supreme Court that upheld the right of residents to sue airports over jet noise and damage to property values.
Attorney Richard Simon said that he will file an appeal before Dec. 23 asking the federal court to overturn “or alleviate the impact of” the decision.
The California Supreme Court ruled in favor of 138 people who live near Burbank Airport. The residents are seeking nearly $14 million from the airport authority, complaining that noise, exhaust and vibrations from jetliner traffic are a continuing nuisance and have lowered the value of their homes.
The decision reversed a ruling by a trial court judge who threw out the suit. It will allow residents around other airports in the state to sue the airports as nuisances--repeatedly--if conditions did not improve.
A resolution passed by the authority said the decision by the California court “poses an immediate and substantial threat to all California airports both by encouraging extensive, vexatious and unnecessary litigation, and by creating uncertainty as to the economic viability of present and future airport projects.”
The authority board voted during a closed session, which Simon said was necessary in order for him to give confidential legal advice to the authority.
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