Senate Passes Bill to Overturn Ruling 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 ones vetoed by Gov. George Deukmejian twice before, was approved 24-6, despite spirited appeals by Sens. Marian Bergeson (R-Newport Beach) and Alan Robbins (D-Van Nuys). They 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 in minor changes since the lower approved it 51-16 in 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.

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 repatedly.

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

Under current law, residents neighboring publicly owned airports could 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, 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.

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.