Judge rules MAC failed on sound-proofing commitment
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(AP)-In his ruling Thursday, Judge Stephen Aldrich wrote it would be premature to decide on a remedy to fix the problem before the issue goes to trial.
"The residents living near (the airport) are entitled to an indoor escape from the noise that they bear for the benefit of all Minnesotans," he wrote.
The cities of Minneapolis, Eagan and Richfield sued the Metropolitan Airports Commission in 2005, alleging that MAC committed to provide full soundproofing on homes experiencing noise in the 60-to-64-decibel range.
The suit asks the court to order the commission to soundproof the 492 homes in Eagan, 845 homes in Richfield and 4,291 homes in Minneapolis.
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A pretrial conference was scheduled for Friday, with a trial set to begin Feb. 12.
Minneapolis Mayor R.T. Rybak said: "It's taken years and thousands of dollars, but we were able to prove the Airports Commission can't run over citizens who were promised pollution protection."
Aldrich ruled against a request from the Airports Commission and Northwest Airlines - which had intervened - to dismiss the case.
MAC spokesman Patrick Hogan said the commission was disappointed, and that he has questions about the 39-page ruling.
"We believe we have fulfilled all our obligations to insulate homes around the airport," Hogan said.
More than 7,800 homes subject to noise of 65 decibels and higher have already been fully insulated. Full soundproofing for a home costs about $45,000 and includes wall insulation, new windows and doors, roof baffles, furnaces, duct work, and air conditioning - all designed to muffle jet noise.
Aldrich determined the MAC had failed to meet a commitment to install a full noise-reduction package for houses 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.
The suit by the three cities is separate from a class-action suit that homeowners filed against MAC.
