GREATER WESTCHESTER HOMEOWNERS v. CITY OF LOS ANGELES

Docket No. L.A. 31105.

26 Cal.3d 86 (1979)

603 P.2d 1329

160 Cal. Rptr. 733

GREATER WESTCHESTER HOMEOWNERS ASSOCIATION et al., Plaintiffs and Respondents, v. CITY OF LOS ANGELES, Defendant and Appellant.

Supreme Court of California.

December 14, 1979.


Attorney(s) appearing for the Case

COUNSEL

Burt Pines, City Attorney, Lawrence M. Nagin, James H. Pearson, Assistant City Attorneys, and Kern & Wooley for Defendant and Appellant.

George Agnost, City Attorney (San Francisco), Donald J. Garibaldi, David I. Kroopnick, Louis E. Goebel, Michael Scott Gatzke, Ruth R. Mijuskovic, Luce, Forward, Hamilton & Scripps, Richard K. Simon and Kadison, Pfaelzer, Woodard, Quinn & Rossi as Amici Curiae on behalf of Defendant and Appellant.

Fadem, Berger & Norton and Michael M. Berger for Plaintiffs and Respondents.


OPINION

RICHARDSON, J.

Is a municipality which owns and operates an airport liable on a nuisance theory for personal injuries sustained by nearby residents and caused by noise from aircraft using the facility? We will conclude that it is. The resolution of this issue requires a careful weighing of two conflicting interests and policies. On the one hand, by ancient law, the owners and occupants of land are entitled to the peaceful...

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