A Standing Room Only Crowd Listens to Mayor Ryback and Class Action Lawyers
Your intrepid reporter was there! The setting: a rather charming and rather steamy church, filled to the rafters with a collection of concerned/agitated neighbors, all curious to learn what new information was available about the current lawsuits filed against the Metropolitan Airports Commission (the Strib has an excellent article recapping the story thus far - click HERE)
I think you really have to live in Nokomis to understand why this situation is such a sore subject. Back when the original agreement was made in 1996 and the decision was made NOT to relocate the Airport, the MAC agreed to provide noise insulation/mitigation for homes that were in the 65+ decibel range (Phase 1) as well as those in the 60-64 decibel range (Phase 2). These are all based on confusing and ever changing Noise Contour Maps (click HERE).
But a funny thing happened on the way to fulfilling there promise. Rather than insulate the homes in Phase 2, and sighting concerns for Northwest Airlines and the rising costs of "homeland Security" the MAC decided to renege on their contract/promise.
What they offered instead was to provide Central Air to a portion of the home affected who did not already have it as long as the homeowners would agree to pay for anywhere from 50-90%!
According Minneapolis City Councilperson Scott Benson the current gap between what the City is essentially asking for is HUGE. The City Estimates that the cost to insulate the homes in the areas that the MAC originally promised to be around $350 Million...and as I mentioned they are willing to pay half-sies on the Central Air which would cost them about $25 Million.
Enter the Class Action Lawsuit.
A small group of citizens started who were a bit dubious at the City's prospects for a successful and timely resolution to their lawsuit started a Class Action Lawsuit with a private law firm.
The good news is that at a pre-trial hearing the presiding authority, Judge Stephen Aldridge, emphatically ruled that the MAC violated it's promise and urged all parties: MAC, Northwest (who jumped in to protect their interests and help MAC fight off the public/city suits), The Cities, and the Class Action to enter into Mediation and settle the suit before it would go to trial.
People were jumping for joy - the people had won!
Only we didn't.
Because it now appears the Lawyers for MAC & Northwest were able to devise a rather sly "Divide and Conquer" strategy. They have reached a Preliminary Settlement with the Class Action Lawsuit wherein approximately HALF of the eligible homes would be given Central Air and $1,750 for additional noise insulation IF they did not already have it. (If they already have it and have had it installed in the past 5 years AND they have receipts they might get reimbursed for a portion of the installation costs.)
Needless to say the Class Action Attorney who was allowed to speak at last night's meeting was not necessarily greeted as a Liberator. There were no flowers and candy. In fact, you got the sense that Mayor R. T. was not only having a hard time controlling his own frustration but he seemed keenly aware that the meeting could easily devolve into a shouting match if he weren't there to keep things moving in a civil direction. I have to say I was impressed with how he handled things.
To her credit the Class Action Attorney knew that she was not the most popular kid on the block and she made her case - that the proposed class action settlement would at least guarantee some relief fir some people without having to risk getting nothing if the case were to go to trial.
Rybak clearly bristled at this and seemed to really believe that the City had a great case. But because he and the City are apart of this ongoing lawsuit his hands were kind of tied. He could provide information but he could not offer advice on how the residents should proceed.
Should the City agree to a settlement, similar to what the Class Action people have in place, even if it means many people will be excluded?
Should the City continue with its suit, which will likely be appealed and held up in litigation for several more years, at risk of ultimately losing and getting nothing?
As residents, we are going to be offered a choice in the coming weeks. The way the Reps from City Hall put it last night, if we agree to accept the Class Action Settlement we are excluded from any remedy that the City's lawsuit might bring.
It's like Deal or No Deal, only with Mayor Rybak serving as a much less annoying version of Howie Mandel.
The sad thing about all of this to that everyone can plainly see that the MAC has not lived up to its promise and now neighbors are going to be pitted against each other so that they can escape their obligation.
The entire thing just seems so unfair. I realize that people in other parts of the city might think that we who chose to live near the Airport knew what we were getting into when we moved here. "Duh! You live near the Airport. There will be noise!" and I understand that sentiment...to a point. But I know when I moved into Nokomis that there had been this promised made, that in the future my home would be eligible for the noise insulation that my neighbors - ACROSS THE STREET - have. It was one of (but certainly not the only) reasons why I purchased the house.
I am sure I am not alone in that predicament. It will be interesting to see where all of this will ultimately end up. At this point the City is actively seeking comments from residents so that they can decide what course to take The Class Action is continuing to work out the details on their settlement. And the residents are all left scratching our heads (and plugging our ears) wondering what will happen next.
Stay tuned. I will keep you updated on this story.
No comments:
Post a Comment