GREAT NEWS on NOKOMIS AIRPORT NOISE LAWSUIT!

From the StarTribune:

Judge: MAC broke noise deal

The Metropolitan Airports Commission agreed to insulate houses in Minneapolis, Richfield and Eagan from jet noise but failed to honor its commitment, a Hennepin County judge ruled. The trial begins Feb. 12.

The Metropolitan Airports Commission (MAC) broke a commitment to provide full soundproofing to thousands of homes in violation of its own noise-abatement standards, a Hennepin County judge ruled Thursday.

But Judge Stephen Aldrich said it would be premature to decide before trial on what remedy should be given to the homeowners in Minneapolis, Richfield and Eagan, although he clearly said they deserve one.

"The residents living near [the Minneapolis-St. Paul International Airport] are entitled to an indoor escape from the noise that they bear for the benefit of all Minnesotans," he wrote.

Minneapolis Mayor R.T. Rybak said it was one of his "happiest days" as mayor. "It's taken years and thousands of dollars," Rybak said, "but we were able to prove the Airports Commission can't run over citizens who were promised pollution protection."

A pretrial conference is scheduled today in the suit filed by the three cities, with a trial scheduled to begin Feb. 12.

Aldrich ruled against a request from the Airports Commission and Northwest Airlines -- which had intervened -- to dismiss the case.

The suit affects 492 homes in Eagan, 845 homes in Richfield and 4,291 homes in Minneapolis -- all in a zone where average noise is between 60 and 64 decibels.

MAC spokesman Patrick Hogan said he has many questions about the complex 39-page ruling.

"We're very disappointed," Hogan said. "We believe we have fulfilled all our obligations to insulate homes around the airport."

More than 7,800 homes subject to noise of 65 decibels and higher have already been fully insulated by the Airports Commission, which owns and operates the airport.

Full soundproofing costs about $45,000 per home and includes wall insulation, new windows and doors, roof baffles, furnaces, duct work, and air-conditioning -- all designed to muffle jet noise for those living under flight paths.

In their suit filed in April 2005, the three cities argue that the Airports Commission committed to doing complete soundproofing on homes experiencing noise in the 60-to-64-decibel range after the decision was made to expand the airport rather than move it.

The suit asks the court to order the commission to sound-proof the homes in Richfield, Minneapolis and Eagan.

Aldrich determined that the Airports Commission had reneged on a commitment to install a full noise-reduction package in the 60-to-64-decibel range.

"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 judge wrote.

He said the commission's proposed remedy of only offering air-conditioning does not minimize noise effects as required by law.

In November 2004, commission board members had voted to scale back from the full treatment for homes in the 60-to-64-decibel range. Under a revised policy, it offered air-conditioning to 3,594 homes if their owners agreed to help pay for it.

The suit by the three cities followed. That's separate from a parallel class-action suit filed by homeowners against the Airports Commission.

Said Rybak: "We're going to continue to fight to make sure the Airports Commission delivers on its promise."