Airport, Area Residents Resolve Longstanding Lawsuit Over Noise

The San Diego Unified Port District and residents in Loma Portal and Point Loma have settled a longstanding lawsuit over jet noise from Lindbergh Field.

The settlement was signed and accepted by the U.S. District Court this week, ending nearly a decade of legal wrangling over the flight paths above neighborhoods surrounding Lindbergh Field.

“Nobody is jumping up and down for joy,” said Nancy Palmtag, an Airport Coalition spokeswoman. “But it looks like now we are about to start solving the problems instead of just talking. And people are pretty happy about that.”

The lawsuit, which is technically 11 similar suits filed against the Port District, has had a tumultuous history, pitting neighborhoods against one another, homeowners against businesses at the airport and a lawyer against his clients. More than 1,400 residents were named as plaintiffs in the case. Seven hundred and eighty parcels of land were involved.

The suit stated that property values in the area depreciated because of jet engine noise and exhaust. Homeowners sought $156 million in damages. The settlement, however, provides for no payment or legal fees.

The agreement says both sides will contribute to a noise abatement plan, which must be worked out to the satisfaction of both sides. A representative of the Airport Coalition, a longtime activist group formed around the airport noise issue, said the Port has promised to install and upgrade soundproofing material in schools affected by the noise.

The Port also promised to set up an experimental model home in the area, where residents will be able to compare noise levels before and after noise abatement materials are installed. Residents who want soundproofing for their homes can bill the Port and the Federal Aviation Administration. The cost per home was not expected to exceed $30,000, an Airport Coalition representative said.

“The Port District believes that this action represents an important and constructive step forward in a community- wide effort,” the Port’s attorney, Michael Gatzke, said in a statement.

The settlement allows lawsuits to be refiled within three years if residents are not convinced the Port is acting in good faith.

One infamous episode in the court case occurred in February, 1990, when an attorney representing the Airport Coalition agreed to a settlement without the consent of his clients. The settlement would have paid $50,000 in fees to the lawyer but no money and few concessions to the residents.

Over the years, the noise levels around Loma Portal and Point Loma have decreased with the advent of newer, so-called Stage III aircraft, which are about 13 times quieter than their predecessors. In order to comply with state laws limiting aircraft noise, Lindbergh Field also adopted a nighttime curfew on takeoffs.

Gatzke said the groups will also “proceed as expeditiously as possible” to locate and build another commercial airport to relieve the flight load at Lindbergh. A plan to develop a new airport in the Otay Mesa area was approved four years ago by the San Diego City Council and the Port, but has been opposed in South Bay communities.