Senate Approves Limit on Airport Noise Suits

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

The controversial measure, similar to bills 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 people who live near airports and who have long complained of jet noise both in court and in the political arena.

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

Airport operators in Orange County, Burbank, 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.

‘Continuing Nuisance’

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 residents’ rights to sue airports repeatedly.

Robinson’s bill declares that jet noise is a “permanent nuisance,” which would mean that in most cases airport area residents would be allowed to bring lawsuits for noise stress only once. A resident who sued and won damages would only be able to sue again if flight operations were substantially increased or altered.

Under current law, neighbors of publicly owned airports can sue again 100 days after winning damages.

In 1983 and 1985, Deukmejian vetoed similar bills carried by Robinson on behalf of the Orange County Board of Supervisors. The county 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.

No Relief for Airports

But 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 following the ruling last fall, more than 900 lawsuits were filed against the San Diego Unified Port District, which operates Lindbergh Field.

Bergeson said that without the threat of lawsuits, the airline industry will have little incentive to develop and use quieter jets.

Robbins said it amounts to a “bill of rights for airports to make as much noise as they want.”