Noise Nazis at it Again!

I just got this one off the EAA Hotline. It seems that some noise Nazis
in MA are trying to do an end run around the Federal preemption of
aviation regulations by suing individual pilots who fly near their
property.

"
AVIATION COMMUNITY RESPONDS FAVORABLY TO AFSA ---
The American Free Skies Association (AFSA), a New England-based aviation
preservation organization, has received plenty of positive feedback from
throughout the aviation community since an article about its plight
appeared last week on the EAA website, in EAA's member newsletter e-HOT
LINE, and was picked up by several other outlets. Three Massachusetts
aerobatic pilots, each a member of International Aerobatic Club (IAC)
Chapter 35, and an aviation business owner operating out of Hanscom
Field (BED) in suburban Boston are defendants in legal cases that, if
successful, could have dire national ramifications for the freedom of
flight.
http://www.eaa.org/communications/ea...freeskies.html
.................................................. ................"

"Orval Fairbairn" wrote in message
news | I just got this one off the EAA Hotline. It seems that some noise Nazis
| in MA are trying to do an end run around the Federal preemption of
| aviation regulations by suing individual pilots who fly near their
| property.
|

They argue that their property rights extend up into infinity and that the
pilots are trespassing. The lawsuit is purely harassment in an attempt to
intimidate pilots. I would be surprised if any court is even willing to hear
the case.

On Wed, 26 Nov 2003 20:58:48 -0800, "C J Campbell"
wrote:

:
:"Orval Fairbairn" wrote in message
:news :| I just got this one off the EAA Hotline. It seems that some noise Nazis
:| in MA are trying to do an end run around the Federal preemption of
:| aviation regulations by suing individual pilots who fly near their
:| property.
:|
:
:They argue that their property rights extend up into infinity and that the
ilots are trespassing. The lawsuit is purely harassment in an attempt to
:intimidate pilots. I would be surprised if any court is even willing to hear
:the case.
:

No stranger than the County of Los Angeles trying to get property tax
on satellites in orbit, because they belonged to a company with an
operation in LA. (Not the headquarters, mind you, just one plant.)

Apparently one of the pilots is ready to fold up and leave the area - these guys don't have the cash to defend
themselves; rough estimates of $25,000 just to begin to fight.

--
Dan D.



..
"C J Campbell" wrote in message ...

"Orval Fairbairn" wrote in message
news | I just got this one off the EAA Hotline. It seems that some noise Nazis
| in MA are trying to do an end run around the Federal preemption of
| aviation regulations by suing individual pilots who fly near their
| property.
|

They argue that their property rights extend up into infinity and that the
pilots are trespassing. The lawsuit is purely harassment in an attempt to
intimidate pilots. I would be surprised if any court is even willing to hear
the case.

Sounds like it's time to start a defense fund.

Rip

Blueskies wrote:
Apparently one of the pilots is ready to fold up and leave the area - these guys don't have the cash to defend
themselves; rough estimates of $25,000 just to begin to fight.

Shucks... Canada geese make an awfull noise every year around here when
they fly over - honk, honk, honk... Who do we sue for that? Canadian government?

Orval Fairbairn wrote in message .. .
I just got this one off the EAA Hotline. It seems that some noise Nazis
in MA are trying to do an end run around the Federal preemption of
aviation regulations by suing individual pilots who fly near their
property.

"
AVIATION COMMUNITY RESPONDS FAVORABLY TO AFSA ---
The American Free Skies Association (AFSA), a New England-based aviation
preservation organization, has received plenty of positive feedback from
throughout the aviation community since an article about its plight
appeared last week on the EAA website, in EAA's member newsletter e-HOT
LINE, and was picked up by several other outlets. Three Massachusetts
aerobatic pilots, each a member of International Aerobatic Club (IAC)
Chapter 35, and an aviation business owner operating out of Hanscom
Field (BED) in suburban Boston are defendants in legal cases that, if
successful, could have dire national ramifications for the freedom of
flight.
http://www.eaa.org/communications/ea...freeskies.html
.................................................. ..............."

In article
, Orval
Fairbairn writes:


I just got this one off the EAA Hotline. It seems that some noise Nazis
in MA are trying to do an end run around the Federal preemption of
aviation regulations by suing individual pilots who fly near their
property.


Never thought too much of the Noise Nazis, since the vast majority knew the
airport was there and built or moved into their homes knowing that. I might
just be reconsidering my stance as of late. Seems that IAH (Houston) just open
a third parallel runway and changed their flight pattern to handle the new
runway. I live over 20 miles from the airport and until now, nowhere near the
flight path. The new flight path for the new runway, which is now the longest
and main runway, is directly over our house. As much as I love flying and
aircraft, I am getting a bit tired of the sound of all those heavies going over
ever two minutes from 5:30am till midnight.

Just too much of a good thing!


Bob Reed
www.kisbuild.r-a-reed-assoc.com (KIS Builders Site)
KIS Cruiser in progress...Slow but steady progress....

"Ladies and Gentlemen, take my advice,
pull down your pants and Slide on the Ice!"
(M.A.S.H. Sidney Freedman)

Richard Riley wrote:
On Wed, 26 Nov 2003 20:58:48 -0800, "C J Campbell"
wrote:

:
:"Orval Fairbairn" wrote in message
:news

snip
:They argue that their property rights extend up into infinity and that the
ilots are trespassing.
No chance. Isn't this settled law?
snip

No stranger than the County of Los Angeles trying to get property tax
on satellites in orbit, because they belonged to a company with an
operation in LA. (Not the headquarters, mind you, just one plant.)

One word, Richard: California.

Of course, the DC city government can occasionally give LA county a run
for its money on zaniness.

B.S.

Three Massachusetts
aerobatic pilots, each a member of International Aerobatic Club (IAC)
Chapter 35, and an aviation business owner operating out of Hanscom
Field (BED) in suburban Boston are defendants in legal cases

I bet the people of Bedford would be suprised they were part of a city 20 miles
away.

Dan, U. S. Air Force, retired

"Ben Sego" wrote in message
...
Richard Riley wrote:
On Wed, 26 Nov 2003 20:58:48 -0800, "C J Campbell"
wrote:

:
:"Orval Fairbairn" wrote in
message

:news ....

snip
:They argue that their property rights extend up into infinity and that
the
ilots are trespassing.
No chance. Isn't this settled law?

At common law, which has been superseded in many cases by statute, one's
real property rights extended upward infinitely. There is some question
whether FAA jurisdiction supersedes the common law.

In NC we have a case pending appeal in which a horse-trainer vet and wife
sued a local airport, calling it a nuisance which depreciated the value of
their property. Plaintiffs received judgment for $358,000, being the amount
appraisers testified the property had diminished in value. Much of the
vet's property is in the landing pattern. The airport was built after the
vet had established his farm and home.