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The City of Santa Monica says it is 'disappointed' with a court ruling on Thursday relating to its lawsuit against the FAA on Santa Monica Airport.
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The City of Santa Monica says it is 'disappointed' with a court ruling on Thursday relating to its lawsuit against the FAA on Santa Monica Airport.

News, Santa Monica, Courts

U.S. District Judge Dismisses City Of Santa Monica's SMO Lawsuit Against The FAA

Posted Feb. 14, 2014, 8:06 am

Brenton Garen / Editor-in-Chief

U.S. District Judge John L. Walter on Thursday dismissed the City of Santa Monica’s lawsuit in a downtown Los Angeles court against the Federal Aviation Administration that hoped to take future ownership and control of Santa Monica Airport.

Click here to read about the lawsuit that was filed in a federal court in October 2013.

Judge Walter’s ruling on the federal government’s motion to dismiss the City’s complaint in Santa Monica v. United States led to the City of Santa Monica issuing a statement saying it was “disappointed” with the court ruling.

According to a statement from the City of Santa Monica:

Judge Walter dismissed with prejudice the City’s First Cause of Action to quiet title on the ground that the claim is barred by the statute of limitations. The Second and Third Causes of Action, the “Takings Claims”, were dismissed, without prejudice, as premature because the City had failed to first seek compensation in the Court of Federal Claims. The Fourth and Fifth Causes of Action for violation of the Tenth Amendment and the Due Process Clause were dismissed, without prejudice, as not yet ripe for review.

The City of Santa Monica said it was evaluating the 17 page ruling and its options. It is anticipated that the Council will receive advice from outside counsel at the next regular City Council meeting.

Santa Monica City Attorney Marsha Moutrie said the court’s ruling was being carefully evaluated by the legal team consisting of our outside litigation counsel, Morrison & Forrester, and in-house legal staff.

“Of course, we are disappointed,” Moutrie said. “But, there is likely much work to come; and the attorneys representing the City are already looking forward and focusing our energies on the City’s options.”

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Comments

Feb. 14, 2014, 12:46:38 pm

Robert (Bob) Smith said...

Even Someone who knows nothing of law could see problems re: Santa Monica V FAA. One thing Airport has been there long before the neighbouring suburbs were even built.

Feb. 14, 2014, 6:17:00 pm

stewart said...

and er uh? whose going to reimburse the People for this C.R.A.P.P.?

Feb. 15, 2014, 10:47:23 am

Lynn Wesley said...

Dear Mayor and City of Santa Monica, I demand my taxpayer dollars back! This was a frivolous lawsuit. Stop with this land grabbing for your puppet masters, the Developers.

Feb. 15, 2014, 10:48:12 am

Fisdo said...

Justice served.

Feb. 17, 2014, 7:21:41 am

kay sieverding said...

http://www.law.fsu.edu/journals/landuse/Vol101/overstr.pdf I think I had a 14th amendment claim against city for unofficial unconstitutional policies and certain government actors for intentional unconstitutional acts. because The City of Steamboat Springs chose to allow the convicted felon who was their city council president and my former adjoining neighbor on Princeton Ave. Kevin Bennett, to build two extra buildings with separate sewers suitable for use as residences on a property that was limited to the one existing residential building with one sewer. The city planning services director Wendy Schulenburg AKA Wendie Roonie lied under oath and claimed to be a member of the AICP, i.e. a certified planner. The City simply refused to respond to my complaints in capacity as adjoining neighbor and refused to compare Bennett's property to the code. Then Bennett arranged to have me criminally prosecuted without a statement of probable cause for the explicit reason that I accused Bennett of violating the development laws while I was standing on the street adjoining my home in the afternoon and his construction crews were working. Because I filed this complaint in the District of Colorado 02-cv-1950 my life was ruined by former federal judge Edward "Naughty" Nottingham. I think Bennett's associates or him paid for at least some of Nottingham's prostitutes and strippers.

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