Judge Denies Motion to Dismiss Challenge
to Nonaddition Rule at Van Nuys Airport

FEBRUARY 15, 2001

In a ruling announced yesterday, a federal district judge in Los Angeles denied the City of Los Angeles's motion to dismiss the lawsuit that had been filed in August 2000 by the National Business Aviation Association (NBAA) and other business aviation entities challenging the legality of the "nonaddition rule" for stage-2 jet aircraft at Van Nuys Airport.

The lawsuit seeks a declaratory order that the nonaddition rule is unconstitutional and unlawful and seeks a permanent injunction preventing the City of Los Angeles from enforcing the rule.

The City had filed its motion to dismiss the lawsuit in October, arguing that the matter should have been brought to the Federal Aviation Administration rather than to the court. At yesterday's court session, Judge Stephen V. Wilson set May 1, 2001, as the trial date for the lawsuit.

The Van Nuys nonaddition rule was adopted by Los Angeles in April 2000 and became effective in June. Generally speaking, the nonaddition rule prohibits most stage-2 aircraft that were not based at Van Nuys during calendar year 1999 from being based at or otherwise parked, tied down, or hangared at the airport for more than 30 days in any succeeding year.

Two other aviation trade organizations -- the General Aviation Manufacturers Association (GAMA) and the National Air Transportation Association (NATA) -- are plaintiffs in the lawsuit, as are five aviation businesses located at Van Nuys -- Clay Lacy Aviation, Elite Aviation, Inc., Jetwest International, Skytrails Aviation, and The Air Group Inc.

Source: PRNewswire, National Business Aviation Association