Homeowners Near Airport Lose Bid to Sue on Noise
A state Court of Appeal ruled in a decision released Wednesday that owners of homes near Burbank Airport have no right to sue for emotional distress or property damage caused by aircraft noise--all but ending more than seven years of litigation on the issue.
The unanimous decision by a three-judge panel in Los Angeles leaves the 600 plaintiffs from Burbank, North Hollywood and Sunland only one avenue for their case--petitioning the state Supreme Court for a hearing, lawyers said.
The plaintiffs’ attorney, John J. Schimmenti, estimated chances that the state high court would agree to hear the case as “about one out of a hundred,” but said he did plan to petition the court.
“The effect of this ruling is that we have lost everything,” said Tom Paterson of North Hollywood, one of the plaintiffs.
“This is a very strong victory,” said Erich Luschei, attorney for the airport authority. “We got all we could have wanted.”
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