Since our first runway noise claim in 2018, The City and County of San Francisco has defended itself with no concern for the facts, the law, or the interest of those of us seriously affected by the noise that began late in 2015.
Incorrect Defense Claims in the Past
Unless you got your home before 1980, you cannot file a runway noise claim.
The runway noise isn't a legal "nuisance".
The plaintiffs haven't been "harmed".
Even though we are the airport proprietors, we are not responsible for the runway noise. The federal government is.
The federal government has preemption over the City and County of San Francisco when it comes to runway noise.
Plaintiffs may not file a second claim.
CCSF is in full compliance with state noise regulation.
The noise cannot have been caused by the runway 2015 project.
Under California Civil Code 3482, plaintiffs may not claim that the runway noise is a nuisance.
The noise is caused by the NextGen FAA mandated satellite technology for overhead flights.
"(The noise is caused by) a tremendous increase of aircraft operations in recent years. We are currently averaging between 1200-1400 aircraft operations a day."
In a misleading statement, the defense maintained that plaintiffs' residences were not determined to be noise impacted by the RSA project.
The flysfo.com website has/had a misleading quote from a legal case that says the FAA is responsible for runway noise, not the City and County of San Francisco.
Presumably unaware that it is not within court law to do so, the defense requested a court hearing to ask for the case to be moved to a "more neutral" county.
The airport has no legal control over the plaintiffs' alleged harms.