Court Sides With Federal Government Over Santa Monica Airport

more+
less-
more+
less-
Explore:  Airports FAA

As we reported last month, the United States of America and the Federal Aviation Administration had filed a motion to dismiss a lawsuit brought by the City of Santa Monica in federal court seeking to confirm its alleged right to control the fate of the Santa Monica Airport.  Yesterday, the federal court threw out the City's lawsuit, holding that:

  • The Quiet Title Claim was time-barred;
  • The takings claim had to be brought before the United States Court of Federal Claims pursuant to the Tucker Act; and
  • The Tenth Amendment and Fifth Amendment Due Process Claims were not ripe.  

The federal court found that the Tenth Amendment and Due Process Claims were not ripe because the City had not finally decided or declared its intention to cease operations at the Santa Monica Airport.  This City must now decide whether to appeal the ruling, make a formal declaration of intent, pursue its takings claim in the Court of Federal Claims, or sit with the loss.  As Yogi Berra said, "It ain't over til it's over."

Written by:

Published In:

FAA

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nossaman LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×