Jump to Navigation
Jump to Content

Inglewood v. Los Angeles

Citation: 2 ELR 20004
No. No. 26,081, 451 F.2d 948/3 ERC 1386/(9th Cir., 11/12/1971)

The $10,000 jurisdictional amount requirement for a class action brought by property owners and residents in the area of Los Angeles International Airport for damages caused by the unlawful operation of the airport ultimately must be satisfied by each member of the class. However, the requirement is satisfied in this case, preliminarily, by allegations establishing that the claims of some presently indeterminate number of class members each exceed the monetary minimum. So long as the court can not conclude with a legal certainty that no member of the class can recover the necessary amount, the court must permit the class action to be maintained and proceed to determine which members of the class can prove damages above the jurisdictional minimum. The City of Inglewood has standing to enforce Federal Aviation Administration grant agreements with Los Angeles because those agreements were entered into in part for the benefit of communities surrounding the airport pursuant to federal statutes designed to protect the interests of such communities. The effect of plaintiffs' failure to seek administrative relief from the Secretary of Transportation on their claim under the grant agreements is uncertain. The case is remanded to the district court to determine whether there were administrative remedies available to plaintiffs which first must be exhausted.

Counsel for Plaintiff
Michael Berger
8383 Wilshire Blvd.
Beverley Hills, California

Counsel for Defendant
Roger Arnberg City Attorney
Los Angeles, California

Before: BARNES, DUNIWAY and WRIGHT, Circuit Judges.