Greater Westchester Homeowners Assn. v. City of Los Angeles (1979) -- Homeowners sued the city, owner of L.A. International Airport, on nuisance and inverse condemnation theories for injuries due to excessive noise from aircraft using the airport.
The court held that a nuisance cause of action arising from aircraft noise is not preempted by federal regulation of aviation. There is no reason in law or policy why the nuisance remedy provided by Civil Code section 3479 should not apply. (See below.)
Moreover, the city's liability is not precluded by Civil Code s. 3482, which states that nothing done or maintained under express authority of statute can be deemed a nuisance. Statutes that broadly authorize or regulate airports or flights do not create legislative sanction for their maintenance as a nuisance. (26 Cal.3d 86, 160 Cal.Rptr. 733, 603 P.2d 1329)
  • Facebook Social Icon
  • Twitter Social Icon
  • Google+ Social Icon

© 2018 by Sally Meakin.