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A U.S. Court of Appeals revived a lawsuit by the city of Santa Monica to retain control over the fate of the Santa Monica Airport (SMO), keeping alive the city’s hopes to shutter the airport.
On May 16, the 9th Circuit Court of Appeals unanimously reversed a U.S. District Court decision to dismiss the city’s lawsuit against the FAA on procedural grounds. The U.S. District Court for the Central District of California had sided with the FAA that the city filed the lawsuit beyond the 12-year statute of limitations for cases involving U.S. interests in property.
A three-judge panel on the U.S. Appeals Court, however, found “the district court erred by prematurely dismissing this action on jurisdictional grounds,” saying it could not conclude that the statute of limitations had been exceeded.
The city cheered the decision, with Mayor Tony Vazquez saying, “This good news brings us one step closer to regaining control of City land now occupied by the Santa Monica Airport, and to keeping our community healthy and safe.”
He added that the case will finally go to court based on the merits of the city’s claims. “This is what we’ve pushed for all along, and we remain totally committed to establishing control of this land and using it in service to the whole community.” The city added gaining local control of SMO is among its top five strategic goals.
The Aircraft Owners and Pilots Association stressed that the Appeals Court decision did not involve merits of the case; the decision simply questions when the city was aware that the government believed that the city must operate the airport in perpetuity under a 1948 instrument of transfer.
“The district court’s decision was predominantly based on a procedural argument, and the Court of Appeals believes that the district court’s assessment was based on an incomplete record,” said AOPA general counsel Ken Mead. “We are confident that, once the procedural history and the merits of the deed’s language are fully examined, the court will find that Santa Monica is obligated to keep the airport open. The process could be a long one, but AOPA will be there every step of the way.”