Bill to Limit Number of Lawsuits Over Airport Noise Passes in Senate

The Senate late Thursday approved a measure that would overturn a state Supreme Court decision and limit lawsuits over noise by residents who live near airports.

The controversial measure, similar to ones vetoed by Gov. George Deukmejian twice before, was approved 24 to 6, despite spirited appeals by Sens. Marian Bergeson (R-Newport Beach) and Alan Robbins (D-Van Nuys), who represent vocal airport-area residents who have long complained of jet noise, both in the courts and the political arena.

The measure by Assemblyman Richard Robinson (D-Garden Grove) now goes back to the Assembly for concurrence on a number of minor changes since the lower house approved it 51-16 in January.

Airport operators in Burbank, Orange County, San Francisco and San Diego--bombarded for years with hundreds of lawsuits--have long sought to limit the ability of neighboring residents to sue for stress caused by jet noise.

sh Supreme Court Ruling

But last year the state Supreme Court ruled, in a case brought by neighbors of the Burbank Airport, that jet noise is a “continuing nuisance”--in effect strengthening the residents’ right to sue airports repeatedly.

Robinson’s bill states that, if there is actionable damage from jet noise, it is a “permanent nuisance.” A resident who sues and wins damages would only be able to sue again in the event flight operations were substantially increased or altered.

Under existing law, residents who live near publicly owned airports may sue again 100 days after winning damages. (They may sue a privately owned airport every three years).

“It amounts to a bill of rights for airports to make as much noise as they want,” Robbins said of the measure that passed Thursday.

sh Governor’s Veto

In 1983 and 1985, Deukmejian vetoed similar bills sponsored by Robinson on behalf of the Orange County Board of Supervisors, which owns John Wayne Airport. Last year, Deukmejian said in his veto message that the measure was premature because the issue was before the state Supreme Court.

Rather than giving county governments and airport authorities the relief they sought, the Supreme Court sided with residents, saying airport operations “are the quintessential continuing nuisance.”

In the months after the ruling last fall, more than 900 lawsuits were filed against the San Diego Port Authority, which operates Lindbergh Field.

The governor has not said what he will do with Robinson’s latest bill.