HomeMy WebLinkAbout7751 - Nuisance Actions Against Airport Operators`f
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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
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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
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6/26/72