Port Commission Backs Deal to Dismiss Airport Noise Suits

The Board of Port Commissioners has agreed to a settlement that dismisses lawsuits filed by Lindbergh Field neighbors who are fed up with airplane noise.

Lawyers for the San Diego Unified Port District and the people who filed the suits reached a tentative settlement last week. It was made final Tuesday night.

The settlement calls for the Port District to pay up to $50,000 of the residents’ legal fees, but the residents will not receive any money damages from the Port District.

Some residents, such as Nancy Palmtag, a plaintiff in the suit and spokeswoman for the Airport Coalition, a citizens group involved in noise and air-safety issues at Lindbergh Field, did not support the settlement, saying they were never consulted and that they wanted the matter taken to trial.

John Schimmenti of El Segundo, attorney for the plaintiffs, said Wednesday in a telephone interview that residents who want to pursue a lawsuit against the Port District still have the right to do so, but that he will no longer be involved in such an effort.

“What the agreement says is . . . if anybody wants to reopen” the litigation, they can, Schimmenti said.

Attorney Michael Gatzke, hired by the Port District to represent the agency, characterized the key element of the settlement as “basically an agreement to walk away from litigation and not use” the courts as a tool to resolve noise problems at the airport. He said the settlement is structured, however, “to preserve litigation rights (for) both sides.”

Palmtag was unavailable for comment Wednesday.

The Board of Port Commissioners agreed to the settlement Tuesday night, and Gatzke said it likely will be formally filed in federal court sometime next week.

The settlement calls for the dismissal of 11 lawsuits involving 780 tracts and about 1,500 people.