HOMEOWNERS SUE MSP AIRPORT COMMISSION
Case/Settlement Update – January 18, 2008: On January 15, 2008, the Court signed an Order granting Final Approval to the Homeowners’ settlement, which, in effect, finalizes the conditions for final approval of the Global Settlement reached in the Cities’ case. To view and/or print the Order granting Final Approval to the Class Action Settlement, click here.
For more information about the global settlement, click here to view the Consent Decree.
We want to make sure all homeowners understand that the terms of the class action settlement are the same terms as the settlement in the Cities’ case. The two cases together are obtaining recovery under one Global Settlement. The Global Settlement benefits homeowners in both lawsuits.
Case/Settlement Update – November 21, 2007: In June of this year, the Homeowners reached a settlement with the MAC. Subsequently, in mid-October, the Cities of Minneapolis, Richfield, and Eagan, in their parallel case, reached a settlement of their claims. Since the two cases seek the same remedies, the Homeowners are very pleased to announce that the parties in both cases will obtain benefits under this Global Settlement. The Cities have valued the settlement at approximately $127 million.
At this time, the Homeowners’ settlement will be following a formal approval process with the Court. The first step – preliminary approval – has now occurred. On November 16, 2007, the Court granted Preliminary Approval of the Homeowners’ settlement. A Notice of Class Action Settlement will now be mailed to all members of the settlement class, describing the settlement and allowing class members the opportunity to remain in the class, to opt-out of the settlement, or to remain in the class and formally object to the settlement. To view and/or print the Notice of Class Action Settlement, click here; to view and/or print the Opt-Out form, click here. Class members will also have the opportunity to talk with the Homeowners’ attorneys – and with the Cities’ attorneys – about any questions related to the settlement and how it will impact homeowners.
As soon as we have information on the next steps in the settlement process, we will update this website.
Case Update - June 7, 2007: The seven homeowners (click here to meet some of your class representatives) who brought the airport noise lawsuit and were appointed as class representatives have tentatively settled the class action case. Accordingly, the scheduled June 18 trial has been postponed to give the parties time to finalize that settlement.
In the next few weeks, the homeowners will be taking the proposed settlement to the Court to ask for preliminary approval of its terms and approval of a plan for how all affected class members will be informed of the settlement. Once the Court grants preliminary approval of both the content and method of notification, the information will be mailed to all class members, providing full details about the settlement, describing the settlement process and offering homeowners the opportunity to participate or not participate in the settlement class.
Since the Preliminary approval process will take some time, the class representatives have prepared a letter which they will mail to all homeowners in the certified class, to provide insight into their decision to settle the case and also to give homeowners some basic information about the settlement process itself. Click here to view letter.
We plan to regularly update this website with information about the status of the proposed settlement and the process involved in finalizing it, and so, encourage you to check the site on a regular basis. There is also a website dedicated to the case at www.airportnoiseclassaction.com.
Timeline of Background Information:
1989: A seven-year study began to determine whether to expand the current location of the Minneapolis-St. Paul International Airport (“MSP Airport”) or to build a new location.
1996: At the conclusion of the study, the Minnesota legislature decided to keep MSP Airport at its current location. As part of that decision, the Metropolitan Airports Commission (“MAC”), which manages the MSP Airport, participated in a Noise Mitigation Committee, along with city leaders, to address aircraft noise. The homeowners allege that the Noise Mitigation Committee recommended that MAC implement a 5 db noise reduction package in the 60 to 64 day/night average sound level (“DNL”) noise contours surrounding the airport. MAC adopted the Noise Mitigation Committee’s recommendations, entitled the Noise Mitigation Program. . The Noise Mitigation Program also provided that no financial burdens would fall upon affected homeowners.
1998: The Cities of Richfield and Minneapolis entered into additional contracts with MAC, which the homeowners allege were predicated on MAC’s agreement to provide a 5 dB noise reduction package in the 60 to 64 DNL noise contours. Since that time, homeowners have been waiting for the promised remediation
2004: The homeowners allege that MAC rescinded its promise and announced that it would now only spend approximately $28 million to implement the Noise Mitigation Program, and required a co-pay from participating homeowners.
Summary of the Homeowners’ Class Action Litigation:
On September 1, 2005, seven homeowners living in the 60 to 64 DNL noise contours filed a lawsuit alleging MAC made an enforceable commitment to provide sound insulation to homes in conjunction with the expansion of the airport. Specifically, the homeowners alleged MAC breached an implied and/or express contract to provide full sound insulation.
In March 2006, MAC asked Hennepin County Judge Stephen C. Aldrich to dismiss the lawsuit, but the Court denied the request and allowed the lawsuit to proceed. The discovery process continued, which involved the exchange of thousands of pages of documents as well as the depositions of numerous people including the former Mayors of Minneapolis, Eagan and Richfield, as well as numerous MAC staff and commissioners. Click here to view deposition transcripts from the Airport Noise Class Action website.
Subsequent to denying MAC’s motion to dismiss the case, the Court granted class certification to approximately 6,600 homeowners in Minneapolis and Richfield. Class certification enabled the homeowners to pursue their claims in an equitable and efficient manner as a class action lawsuit instead of as individual lawsuits. Additionally, the Court appointed the seven homeowners who initiated the lawsuit as Class Representatives and Zimmerman Reed was appointed Class Counsel.
In March 2007, MAC again requested the Court to dismiss the homeowners’ complaint by a summary judgment motion. Judge Aldrich denied this request and found there was a question of whether an express or implied contract existed and that this determination should go to a jury. Judge Aldrich also found that normal contract rules apply between government entities – such as the airports commission – and private parties. The class action was scheduled to go to trial on June 18, 2007, but the parties reached a tentative settlement on May 25, 2007. The terms of the tentative settlement are subject to change and are contingent upon various factors, including FAA approval, MAC Commissioners’ approval, preliminary approval, class members’ approval and finally final approval from the Court. Additional information about the tentative settlement is listed on the menu bar to your left.
Summary of the Parallel Cities’ Litigation:
On April 6, 2005, the Cities of Minneapolis, Richfield, Eagan and the Minneapolis Housing Authority brought an action against the Metropolitan Airports Commission for alleged violations of the Minnesota Environmental Rights Act. Specifically, the Cities allege MAC failed to protect the natural resource of indoor quietude in conjunction with the expansion of the airport by failing to comply with an environmental quality standard that required a full 5dB noise reduction package for homes in the 60 to 64 DNL noise contours.
A bench trial in the Cities’ case began in February 2007. Although the trial has concluded, Judge Aldrich has not yet issued an opinion. The parties recently asked Judge Aldrich to delay his order again until October 5th. On September 13, 2007, Minneapolis Mayor R.T. Rybak sent out the following e-mail:
Dear Friends,
As you may know, in the matter of City of Minneapolis, et al. vs. Metropolitan Airports Commission (MAC), Judge Stephen Aldrich was scheduled to issue his ruling on Friday, August 24, 2007. In a final attempt to resolve the airport noise litigation attorneys on both sides met prior to this deadline and the meeting was productive. The City of Minneapolis and the Metropolitan Airports Commission asked Judge Aldrich to delay his order while these discussions continue. We hope to meet with the Judge by early October to report on the progress. We will be in touch as more information is known. If you have questions contact Erica Prosser in my office at 612.673.2133 or erica.prosser@ci.minneapolis.mn.us. Thank you for understanding as we work our way through this legal process.
Regards,
Mayor R.T. Rybak
Documents relating to our case:
News articles covering the case:
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