8,473 Claims Filed Against City for Jets at Santa Monica Airport

Attorney Jonathan Stein has informed the City Manager Rick Cole, that he is filing 8,473 tort claims against the City of Santa Monica for running a "nuisance" at the airport. A government tort claim is a condition precedent to filing a class action lawsuit against the City.

The jet noise and other pollution at the airport, Stein says, constitutes a nuisance and in one particular case filed by the City Manager himself, the jury found "jet-powered aircraft operations at Santa Monica Municipal Airport" to be a public nuisance that "substantially and unreasonably interferes with Plaintiff's free use and enjoyment of his or her property."

"Yes! This disgusting abuse of citizens around the Santa Monica airport must stop. I want to press my claim," said local resident Mindy Taylor-Ross.

The letter is a stunt, say some legal experts. Stein certainly doesn't have signed retainers from all 8,473 potential plaintiffs, some of whom have no problem with the Santa Monica airport (although he could have a class action certified). The airport is also no different in its operations than 1000 other small urban airfields in the United States. The jury verdict, and the Judge's failure to grant summary judgment in favor of the airport, is on appeal.

Then again, some people have dismissed CRAAP, and Stein, since they began their battle against the century old airport five years ago. The area's Congressman, Ted Lieu, is on board with closing the airport. This despite the deed restriction for aviation use "into perpetuity."

Stein's entire letter is below.

"Dear City Manager,

Attached is the initial claims filing for up to 8,474 homeowners and at least 33 schools. It is repeated below for copied recipients.

Re: Initial Claims Filing for Lawsuits Against Santa Monica Airport

Dear Mr. Cole:

This letter is the initial claims filing under the California Government Claims Act, Cal.Govt.Code §900 et seq, to put the City on Notice of the claims of up to 8,473 homeowners and up to 33 schools, for public nuisance created by jet flight operations at Santa Monica Municipal Airport (the "Airport").

In Cole v. Santa Monica, LASC Case No. SC-055183, a jury verdict found "jet-powered aircraft operations at Santa Monica Municipal Airport" to be a public nuisance that "substantially and unreasonably interferes with Plaintiff's free use and enjoyment of his or her property." This ruling with passage of time is now a final judgment and res judicata that binds the City to the judicial determination of public nuisance.

Since 2002, the same jet operations that are a public nuisance have grown a startling amount. They now exceed the Airport's avigation easement over these 8,473 homes (the "Impacted Homes"). The Impacted Homes are situate in Sunset Park, Ocean Park, Venice, Mar Vista and Westdale, among other places.

The Impacted Homes are not all. Also impacted are over 30 schools, as well as the residents and young student that inhabit both homes and schools.

This is an initial claims filing for inverse condemnation, damages (loss of and/or damage to property and personal injury) from continuing public nuisance that is specially injurious to claimants. Each of the 8,473 claimants who own real estate in the vicinity of the Airport have suffered a taking of property, either through the diminution of value of such property or the constructive total taking thereof. Further, each claimant (without regards to property ownership) has suffered harm, including, without limitation, physical and emotional distress.

An "avigation easement" is an easement obtained by airport authorities, through purchase or condemnation or inverse condemnation, and used to provide clear access for low-flying aircraft on the glide path. In our case, jet-powered aircraft operations have now grown to such an extent that they now exceed the existing avigation easement and so constitute a public nuisance, as well as an inverse condemnation of private property.

Damages exceeding $100,000 to the fair market value of each home, as well as additional amounts for young students and residents exposed to ultrafine particulates (which cause cancer in various parts of the body), are being caused by the City.

Using this average calculation as an estimate, total damages would be over $847 million for homes alone. Should only 10% of the homeowners, or 10% of the impacted schools, press their claims, the potential damages to the City would exceed $100 million.

Unfortunately, City Attorney Marsha Moutrie, who was the City's lead attorney who lost this litigation in 2002, has buried the final judgment and its binding effects from consideration by the City Council and the public. Instead, their attention is focused elsewhere. As usual, the impacts on residents have been ignored, and the financial benefit of Atlantic Aviation and other special interest at the Airport favored. This initial claims filing will hopefully change the status quo.

Very truly yours,

LAW OFFICES OF JONATHAN STEIN

By Jonathan Stein