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Mayor Rybak Celebrates Strong Airport Noise Ruling

Court Solidly Denies MAC Efforts to Avoid Airport Noise Protection Commitments

Jan. 25, 2007 (MINNEAPOLIS) -- Minneapolis Mayor R.T. Rybak today praised Hennepin County District Judge Stephen Aldrich for supporting the City of Minneapolis’ efforts to force the Metropolitan Airports Commission (MAC) to follow through on noise protection commitments it made prior to the airport expansion, calling the judge’s ruling a long-deserved “vindication.”

“After years of protests and thousands of hours of meetings, we finally have vindication for what we have been saying all along: that the MAC made commitments to a community to protect them from airport noise pollution and they must follow through on those commitments. I will not let them off the hook and, it seems, the court won’t either.”

“When the airport was expanded, the MAC promised to protect residents against airport noise pollution. For years we plead with them to make good on their promise, but the MAC ignored and denied their responsibility. Finally, justice is being served for people who deserve protection for the largest investment that most of them will ever make – their home,” Mayor Rybak said.

Judge Aldrich’s order involved summary judgment motions in the case filed by the Cities of Minneapolis, Richfield and Eagan (Minneapolis, et al v. MAC), as well as the Minneapolis Public Housing Authority, which requires the MAC to comply with the state Environmental Rights Act and make good on its commitment to provide the full noise mitigation package to homes within the airport’s 60 – 64 DNL (day/night noise level).

Judge Aldrich ruled solidly in favor of the Cities’ position that noise mitigation commitments made by the MAC were referenced in multiple documents filed between 1996 and 2001, during the public approval process for construction of Runway 17/35, and could not be disregarded.

“This court cannot allow the MAC to receive the benefits of a long fought over public bargain and then abandon its repeated commitments upon which so many people have relied,” the order said. “To rule otherwise would approve a massive public ‘bait and switch’ on the homeowners and the affected cities.”

Judge Aldrich rejected motions by MAC and Northwest Airlines to dismiss the Cities’ claims that the MAC does have an obligation to protect right of “quietude” as outlined in the Environmental Rights Act. “The MAC has reneged on its commitment,” the order said. “As such, the MAC is in violation of the standard it set in exchange for approval of the airport expansion.

“The City of Minneapolis is delivering on our promise to fight for those who were harmed by the airport expansion,” Mayor Rybak said. “While I’m elated that the Court has vindicated the City’s position that MAC must follow through with the mitigation it promised, we are sad that this legal validation was even necessary.”

“I knew the only way to get MAC to make good on their promise and protect the thousands of citizens affected by the airport expansion was to hire the best law firm we could find and take the MAC to court. Today our efforts have been vindicated, but we won’t stop fighting until people get what they were promised years ago,” Mayor Rybak vowed.

The order against the MAC and Northwest Airlines provides the Cities with the right to the noise insulation they sought and allows the portion of the Cities’ lawsuit relating to the protection of quietude to go forward. The trial is expected to begin in mid-February.

See Also:

State Vs MAC Order (PDF)