California Supreme Court 1985

 

Baker v. Burbank-Glendale-Pasadena Airport Authority (1985) -- Federal preemption of local regulation of airport noise is not absolute. State law damage remedies remain available against an airport proprietor despite the fact that federal law precludes interference with commercial flight patterns and schedules, since federal law preempts only the exercise of police power to reduce airport noise. Airport proprietors have a duty under state law to reduce airport noise. Plaintiffs may elect to treat airport noise as a continuing or permanent nuisance. (39 Cal.3d 862, 218 Cal.Rptr. 293, 705 P.2d 866; cert. denied 475 U.S. 1017, 106 S.Ct. 1200, 89 L.Ed.2d 314) (This opinion is discussed extensively in Renz et al. v. 33d. Dist. Agricultural Assn. (1995, 6th Dist. Ct. App.), 39 Cal.App.4th 61, 46 Cal.Rtpr.2d 67. See subsequent decision in this case, Baker v. Burbank-Glendale-Pasadena Airport Authority, 1990, 2d Dist. Ct. App., below.) 

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© 2018 by Sally Meakin.