Cities' Suit Against Dayton (Ohio) Airport Can Go Forward

AUGUST 28, 2002

A federal judge has denied a motion by the City of Dayton to dismiss a lawsuit by Tipp City and Monroe Township objecting to noise from Dayton International Airport.

The plaintiffs contend that the airport and city are not enforcing a 1995 order by the Federal Aviation Administration requiring planes taking off to the northeast to avoid the towns by flying west of I-75 or in the Great Miami River corridor. They say their complaints about noise have been ignored by the airport, and that Dayton has failed to talk about nuisance concerns.

The lawsuit was filed two years ago in Miami County Common Pleas Court. It was moved to U.S. District Court at Dayton's request.

On Monday U.S. District Judge Thomas Rose denied Dayton's arguments that the nuisance claim should be dismissed because the federal Airline Deregulation Act superseded state law, Dayton was immune from liability, and Tipp City and the township failed to allege facts backing a nuisance claim.

"It was particularly gratifying to see that this federal court recognized that airport operators have a duty to work with the FAA in mitigating noise impacts on surrounding communities," said Tipp City Manager David Collinsworth.

Source: Associated Press via Columbus Dispatch