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Metropolitan Airports Commission Reaches Proposed Agreement With Citizens in Airport Noise Lawsuit

Posted on: Friday, 1 June 2007, 15:00 CDT

Metropolitan Airports Commission (MAC) representatives have reached a tentative agreement with citizens in a class action lawsuit regarding airport noise mitigation and are urging the cities of Minneapolis, Richfield and Eagan to support the proposal.

"The proposed agreement builds on the Metropolitan Airports Commission's standing as a world leader in airport noise mitigation," said MAC Chairman Jack Lanners. "I support this proposed settlement, representatives of citizens in the class action lawsuit support this settlement, and I hope city leaders in Minneapolis, Richfield and Eagan will support this settlement as well."

The agreement would provide nearly $65 million in noise mitigation benefits to the more than 4,400 homeowners in the class.

On May 31, 2007, the class representatives and the MAC jointly petitioned the Hennepin County District Court to delay the June 18, 2007 scheduled start of the class action trial pending approval of the proposed settlement. Judge Stephen Aldrich approved the delay.

The mediated settlement would benefit owners of 4,413 single-family homes located within the 60 to 64 DNL (day-night noise level, a metric used by the Federal Aviation Administration to measure noise around airports). Included homes would be based on the projected 2007 mitigated noise exposure map the MAC submitted to the FAA in November 2004 using a property-specific "parcel intersect" methodology.

Under the proposed settlement, owners of homes currently without central air conditioning would receive it -- including ducting and finishing work -- free of charge. In addition, they would receive a $1,750 value for the purchase and installation of noise mitigation products or cash reimbursement for eligible improvements made within the past five years. Up to $750 of that amount may be applied to the attorneys' fees of the citizens in the class action suit if approved by the court.

Owners of homes that already have central air conditioning would receive $9,250 for the purchase and installation of noise mitigation products or cash reimbursement for eligible improvements made within the past five years. Again, up to $750 of that amount may be applied to the attorneys' fees of the citizens in the class action suit if approved by the court.

In 2005, Minneapolis, Richfield and Eagan filed a separate lawsuit against the MAC regarding airport noise and are believed to have expended well over $1 million in municipal funds for legal fees. Under the proposed settlement in the class action suit, the MAC would pay a portion of the citizens' attorney fees in the class action suit. If the cities had joined in the agreement, the MAC would have reimbursed them for a portion of their legal fees as well.

The MAC would use federal airport improvement grants and passenger facility charges or other airport revenue to fund the settlement agreement, pending approval of the Federal Aviation Administration.

Owners of homes built after October 1, 1998 would not be eligible.

"This settlement would bring the Metropolitan Airports Commission's total capital expenditures on noise mitigation over the past 15 years to more than $400 million and bring the total number of homes receiving noise mitigation to more than 12,000," Lanners said. "I know of no other airport in any country that has provided that level of per capita noise mitigation."

"I believe this settlement is a fair solution to an issue the Metropolitan Airports Commission and its neighbors have long sought to resolve. I urge city leaders to work with us to settle this matter rather than continuing legal battles that could delay or jeopardize the implementation of any mitigation that the settlement would provide."

Source: Business Wire

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