1971 --
Minnesota Environmental Rights Law (“MERA”) enacted.

1974 --
Minnesota Supreme Court decides Alevivos v. Metro. Airports Comm’n of Minneapolis and St. Paul, 216 N.W2d 651. Alevivos held landowners had a right to inverse condemnation if the noise from the airport caused a decrease in the market value of their homes.

1985 --
Minnesota Supreme Court decides Ario v. Metropolitan Airports Commission, 367 N.W.2d 509, 513. Alevizos is affirmed as to right of inverse condemnation for the taking of a navigational easement. In addition, the Ario Court suggested that there was a class about 27,565 property owners with sufficient commonality. However, individual issues of damages predominated over the common legal questions. The fact that some members of the class prefer to cooperate with government to minimize airport noise instead of seek damages does not defeat typicality requirement because those that wish may opt out. As long as there has to an individual determination of damages for each property’s value, it is more economical for each plaintiff to prove the particular invasion of his property interests. The MAC thus faced the possibility of up to 27,565 lawsuits and/or multiple class actions for possible subclasses.

June 1987 --
Aircraft Noise Research Project - The Minneapolis and MAC joint study found that “[a]ircraft noise is a major problem for residents living near the Airport,” and that “[p]eople experienced problems with aircraft noise while living in noise contours of about [DNL] 60 to 80 [dB].”

1989 --
Legislature created MAPA and the Dual Track Planning Process began.

1992 --
MAC enters into agreement with EQB to have the EQB determine adequacy of FEIS for MSP expansion.

Dec. 1995 --
City of Eagan Dual Track Planning Position- Eagan supported retaining MSP in its current location as long as mitigation was done in 60 dB plus contours.

March 1996 --
City of Minneapolis Resolution - Minneapolis supported retaining MSP in current locations as long as mitigation was done in 60 dB plus contours.

March 1996 --
MAC and Metropolitan Council’s report to the legislature - MAC recommended expanding MSP at its current location with a new runway and other infrastructure. The report concluded that “[t]he cost for a new airport, considering construction (including inflation) and financing costs, is $2.2 billion greater than for expansion of MSP,” but acknowledged that expanding the airport at the current location would cause greater numbers of people to be exposed to high noise levels.

April 1996 --
Legislature passed a bill to end the Dual Track Process, directing MAC to develop a noise mitigation plan within 180 days of its long-term planning report. Minn. Stat. § 473.661, subd. 4(f).

May 1996 --
MAC formed the MSP Noise Mitigation Committee.

Oct. 1996 --
MAC unanimously passed a resolution approving the noise mitigation program recommended by the Committee that expanded the program after completion of the current program to the 2005 60 DNL, with two amendments. First, it deleted the provision regarding a “modified” sound insulation package in the DNL 54-60. Second, it added a new Section 9 that provided: “Completion of the sound insulation program is contingent upon the MAC maintaining a bond rating of at least A.”

May 1998 --
FEIS – adopted the Noise Mitigation Program that expanded the program. In the 1998 FEIS, the MAC expanded consideration of the noise impacts of the alternatives to the DNL 60 dB contour: “Recognizing that noise concerns can occur beyond DNL 65, DNL 60 contours are also shown and assessed.”

Sept. 1998 --
FAA issued Final Record of Decision – that adopted Noise Mitigation Program.

Oct. 1998 --
MAC report to MN EQB – MAC said FEIS was adequate because it committed to mitigation that went beyond current FAA guidelines.

Oct. 1998 -–
Richfield Memo re: adequacy of FEIS – Challenged MAC’s proposed finding of adequacy alleging the MAC failed to mitigate low frequency noise from 17/35.

Nov. 1998 --
MAC supplemental report to EQB – MAC replied that they had committed to provide standard sound insulation to the homes within the 60, 65, and 70 noise contours.

Nov. 1998 --
MN EQB Findings of Fact – determined the FEIS was adequate and gave the MAC the go ahead for the MSP expansion project.

Nov. 1998 --
Minneapolis Contract pertaining to limits of construction – Minneapolis’ contract with MAC to not oppose the construction of a new runway – in the agreement MAC agrees to expand the noise mitigation program.

Dec. 1998 --
Richfield-MAC Noise Mitigation Agreement - Richfield’s’ contract with MAC to not oppose the construction of a new runway – in the agreement MAC agrees to expand the noise mitigation program.

Jan. 1999 --
MAC airline operating agreement - MAC negotiated its standard lease through 2010 for terminal facilities with the airlines using MSP. Provisions for sound insulation out to the DNL 60 contour were included. The lease gave the MAC the ability to spend up to $150 million on noise insulation in the DNL 60-64 dB without airline approval through 2010 plus a $50 million contingency fund.

May 1999 --
Groundbreaking of new runway 17/35 at MSP.

May 2001 --
MAC official Statement re: 2001 Bonds - MAC raised questions about five-decibel package for the DNL 60 dB.

Oct. 2001 --
MAC Official Statement re: 14 Bonds - MAC stated that it would offer “the five decibel reduction package” first to residents within the 64 contour and then in successively lower contours as possible within the $150 million funding limitation. MAC estimated the cost of insulating to the 60 contour at $450 million. The cost increased, in large part, because the number of homes in the DNL 60 to 64 contour increased. In fact, the 2005 60 to 64 DNL contour projected 10,040 homes to be mitigated at an average price of $45,000 per home for a total of $451.800,000 compared to the 1999 projection for 2003 through 2010 of 4043 homes at $37,000 per home.

Jan. 2001 --
MAC Official Statement re: 15 Bonds - MAC “rescinded its commitment to provide the five decibel reduction package to homes within the 2005 DNL 60 noise contour, and has instead decided to reevaluate the best and most efficient use of the $150 million for noise mitigation within the 2005 DNL 60 noise contour.”

Sept. 2001 --
World Trade Center attacked. The MAC soon uses temporarily reduced air traffic and income to justify reducing the 60 dB program.

March 2002 --
Metropolitan Council approved the Capital Improvement Program, conditioned upon “the Metropolitan Airports Commission reaffirming its $150 million commitment, identified in the Airline Lease Agreement, to provide noise mitigation options, as approved by the FAA, to residents within the DNL 64-60.”

Nov. 2004 --
Part 150 Update - MAC adopted a $48 million, air conditioning only, “mechanical package” that is its current intended program for the 60-64 contours. For the first time, homeowners will be required to contribute to the noise mitigation costs (an estimated $20 million).

Dec. 2004 --
Metropolitan Council Development Guide reasserts the DNL 60 dB standard. The Transportation Policy Plan within that Guide provides that new development and major redevelopment of existing homes is incompatible in the DNL 60 to 64 dB, even if acoustical treatment were incorporated in the structure and outside uses restricted. The Development Guide also says that development “…in [DNL 60 dB zones] can benefit from insulation levels above typical new construction standards in Minnesota, but insulation cannot eliminate outdoor noise problems.” It further asserts that development with interior noise levels could be accepted under some circumstances, but are “strongly discouraged.”

Oct. 2005 --
Runway 17/35 opened at the MSP.

April 2005 --
This lawsuit filed.

Sept. 2005 --
Wiencke, et al v. MAC, et al class action suit filed. Case file no. 27-CV-0512976.

Jan. 2007 --
Review of Transportation Polices on Metropolitan Council website shows that the 2004 Development Guide, and the Transportation Policy Plan within it, are unchanged from the 12/15/2004 document. Each community in the Metropolitan Area is required to “… jointly prepare a noise program to reduce, prevent or mitigate aircraft noise impacts on land uses that are incompatible with the guidelines.