Airport Noise Lawsuits

There were two separate lawsuits against the Metropolitan Airports Commission (MAC) in Hennepin County District Court.

City of Minneapolis, et al vs. MAC, et al
Legal Basis
The Cities’ (Plaintiffs’) Position
Timeframe
Legal Documents
Plaintiffs in Lawsuit

Wiencke et al vs. MAC
Legal Basis
Class Action (Plaintiffs’) Position
Timeframe
Addition information about the Class Action

Settlement Discussions
Legal documents

City of Minneapolis, et al vs. MAC, et al

This lawsuit was filed against the MAC by the Cities of Minneapolis, Richfield and Eagan, as well as the Minneapolis Public Housing Authority (plaintiffs). Northwest Airlines intervened in the case in support of the MAC. The suit was heard by Judge Stephen Aldrich in Hennepin County District Court.

Legal Basis

The Cities claimed that the MAC is in violation of the terms of the Minnesota Environmental Rights Act by –

The Cities’ (plaintiffs’) Position

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Timeframe

Legal Documents

Complaint in State of Minnesota by the City of Minneapolis, et al vs. MAC, April 2005 (pdf)

Petitioner’s Discretionary Review Appendix, July 2005 (pdf)

Plaintiffs’ Memorandum of Law in Response to Defendant MAC’s Motion to Dismiss (pdf)

Order Denying Defendant’s Motion to Dismiss, Nov. 2005 (pdf)

MAC’s Petition for Discretionary Review, Dec. 2005 (pdf)

NWA’s Petition for Discretionary Review, Dec. 2005 (pdf)

Plaintiff’s Memorandum of Law in Support of their Motion for Partial Summary Judgment, Nov. 2006 (pdf)

Reply Memorandum in Support of MAC Motion for Summary Judgment, Dec. 2006 (pdf)

Defendant NWA Memorandum of Law in Support of its Motion for Summary Judgment, Nov. 2006 (pdf)

Defendant NWA Reply in Support of its Motion for Summary Judgment, Dec. 2006 (pdf)

Defendant MAC’s Proposed Findings of Fact, Conclusion of Law and Order, Jan. 2007 (pdf)

Defendant MAC Letter to Judge Aldrich regarding Motion for Summary Judgment, Jan. 2007 (pdf)

Partial Summary Judgment Cities vs. MAC, Jan. 2007 (pdf)

Consent decree summary Oct. 2007 (pdf)

FAA Legal Opinion on MAC settlement agreemen, Nov. 2007 (pdf)

Plaintiffs in this Lawsuit –

City of Minneapolis

City of Richfield (Airport noise information)

City of Eagan (Airport noise information)

Minneapolis Public Housing Authority

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Wiencke et al vs. MAC

This class action lawsuit was filed by seven homeowners on behalf of Minneapolis and Richfield homeowners living near the airport. The class action suit was also heard by Judge Stephen Aldrich in Hennepin County District Court.

Legal Basis –

According to the suit, nearby residents relied upon the MAC’s promised noise mitigation plan. That noise mitigation plan enabled the MAC to obtain approval for expanding — rather than moving — the airport.

Class Action (plaintiffs’) Position –

Class Action Timeframe –

More Information about the Class Action –

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$127.6 million settlement reached

The Cities’ $127.6 million settlement will mean some form of noise mitigation for more than 9,560 homes in Minneapolis, Richfield, Eagan and Bloomington. (One block in Inver Grove Heights is also covered by the settlement.)

Noise mitigation will occur between late 2008 and 2014. The MAC will contact groups of eligible homeowners by letter over the course of the coming five years. Generally, homeowners in the highest noise contours will be contacted sooner than homeowners in the lower noise contours.

Settlement summary

Full settlement ( Consent Decree)

Settlement noise contour maps

Jan. 25, 2007

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Last updated Jun. 8, 2012