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Nestle v. Santa Monica, City of

Citation: 2 ELR 20417
No. No. C-915322, LA 29940, 496 P.2d 480/4 ERC 1080/6 Cal. 3d 920, (Cal. Super. Ct., 04/28/1972)

A municipal government which operates an airport is not immune from liability for private nuisance where damages result from jet aircraft noise. California's statutorily provided immunity for public entities is waived by the provision of the State's Civil Code which codifies the common law of private nuisance. On remand plaintiffs are permitted to amend their pleadings to conform to the elements of nuisance prescribed by that statute. The trial court's denial of plaintiff's request to amend their claims of negligence and violation of zoning restrictions in the operation and location of the airport is reversed. The trial court correctly concluded that the operation of the airport does not constitute a taking of property without compensation simply because plaintiffs could not demonstrate loss of their properties' market value.

Counsel for Plaintiffs
Fadem & Kanner
6505 Wilshire Blvd.
Los Angeles, Cal. 90048

Counsel for Defendant
Richard L. Knickerbocker City Attorney
City Hall
Santa Monica, California

WE CONCUR; WRIGHT, C.J. PETERS, J. TOBRINER, J,* KAUS, J. pro-tem.