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HomeMy WebLinkAbout7751 - Nuisance Actions Against Airport Operators`f 0 0 i RESOLUTION NO. 7751 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OPPOSING ANY STATE LEGISLATION WHICH WOULD ABROGATE THE DECISION OF THE CALIFORNIA SUPREME COURT IN THE CASE OF NESTLE V. CITY OF SANTA MONICA, AS IT RELATES TO NUISANCE ACTIONS BROUGHT AGAINST PUBLIC AIRPORT OPERATORS WHEREAS, in Nestle v. City of Santa Monica, the California Supreme Court recently held that the law does not bar nuisance actions against public entities founded on Section 3479 of the Civil Code or other applicable statutes; and WHEREAS, the League of California Cities, at the urging of its most powerful individual member, the City of Los Angeles, asked for the introduction of a two -year moratorium bill to permit the California Law Revision Commission to review the effect of the Nestle decision and to make recommendations to the Legislature; and WHEREAS, the Assembly Committee on the Judiciary recently defeated this proposed law; and WHEREAS, the Nestle decision concerns a nuisance action brought against a public airport; and WHEREAS, the situation of the Newport Beach citizens adjacent to Orange County Airport is comparable to that of the appellants in Nestle; and WHEREAS, the City Council believes that if Newport Beach homeowners choose to do so, they should not be denied the opportunity to seek a similar redress of their grievances in the State's courts against Orange County Airport; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby expresses its opposition to any legislation which would abrogate the effect of the Supreme Court's decision in the Nestle case, or would in any way impede the ability -1- z 1. .. of local homeowners to bring a similar action against Orange County Airport, if they so desire. 0 ADOPTED this 26th day of June, 1972. ATTEST: City Clerk RTIFIED AS THE . GINAL C CLERK OF THE CITY OF P07T 6 kc juji 2 9 1972 0 -2- PFB:mh 6/26/72