Unstable 9 #1 May 17, 2004 This thread was inspired by a thread in the Speakers corner. It's Purpose is to educate myself and other Dropzone.com patrons on some of the new threats to Dropzones in the Lawsuit-happy Country we are living in right now. I've done my searches, and have not been content with the results I've found - hence this thread!! AggieDave pointed out in THIS thread a cycle where upper-middle class families buy cheap land next to airports, build nice homes on them, and them become suprised when aircraft take off and land on those said airports. They sue those airports. Nevermind the fact those airports were operating for years before their homes were near them. My question is this- how many DZs have been sued or Even closed down because of such frivelous and pointless lawsuits? Is there anything we can do to protect ourselves from these kind of attacks? Blue skies, Shaun Smith P.S. - I think my new method of academically stating Why I am posting this and what I aim to accomplish from this post will show that I've put some thought into this and am not just post-whoring or trolling - I hope people take this seriously..=========Shaun ========== Quote Share this post Link to post Share on other sites
ACMESkydiver 0 #2 May 17, 2004 I know, it's just stupid and depressing...~Jaye Do not believe that possibly you can escape the reward of your action. Quote Share this post Link to post Share on other sites
livendive 8 #3 May 17, 2004 Here is a picture of our dz (landing area circled in green). You can easily see how close we are to town. There is one guy who complains about the noise, and I'll admit it can be loud (especially our Twin Bonanza), so we try to do all of our climbing out over the Hanford nuclear reservation (in addition to not being populated, it's good for outs in the even of a problem with the plane.) Anyhow, every once in awhile, this guy complains to the Port, who tell us to try and watch the noise, or he writes a letter to the local newspaper. Actually, the last time I heard from him it was in a hilarious letter a couple weeks after 9/11/2001. He said "Now these guys are even jumping at NIGHT!!" (the dz has been in operation at this location for 35 years or so, with plenty of night loads), and "This is JUST the kind of activity terrorists are looking to exploit." What??! Just imagine some terrorist trying to hijack your jump plane. "DOOR!" and toss the fucker out. :-) Anyhow, so far this guy hasn't been able to get us anywhere near a court, and I doubt he ever will. It's an airport. Airplanes take-off and land there. If you don't like it, you shouldn't have bought a house next to it. Blues, Dave"I AM A PROFESSIONAL EXTREME ATHLETE!" (drink Mountain Dew) Quote Share this post Link to post Share on other sites
lawrocket 3 #4 May 17, 2004 Sadly, "coming to a nuisance" is not a defense. The definition of a nuisance is "An unreasonable and/or substantial interference with a person’s use and enjoyment of her real property." Unfortunately, there is nothing in the definition of it that allows fr assholes who buy up property near a nuisance and sue. IF you guys are serious about this stuff, it's time to write the legislatures and have them create laws that change the common law nuisance definitions. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
skydiver30960 0 #5 May 17, 2004 Several years ago at my birthplace DZ, a lady rolled into town and set up a bed and breakfast right at the end of our runway. I guess it was a bad case of investment research, or she only checked out the location during the week or whatever but as soon as she opened her doors she started bitching about all the loads flying on the weekend. She took it to the city council but lost because 1. the DZ brings SO much more money to the area than a lowly bed and breakfast (and had been doing so for thirty years)and 2. the DZO went to high school with a bunch of the councilmembers, so no sweat there. She even called the FAA but between the relatively tight ship the DZO runs and the (surprisingly) good relations he has with the local FSDO, no problems there either. Finally, she gave up. The DZ still gets strings of hang-up phone calls whenever we do night jumps though... Elvisio "I guess she didn't stay at a Holiday Inn Express last night" Rodriguez Quote Share this post Link to post Share on other sites
jakee 1,596 #6 May 17, 2004 Quotea lady rolled into town and set up a bed and breakfast right at the end of our runway. I hate to say it, but some people just deserve to go bankrupt. If she couldn't do her research properly then how the hell did she expect to be able to run her own business even without the airport?Do you want to have an ideagasm? Quote Share this post Link to post Share on other sites
nanook 1 #7 May 17, 2004 This was popular news in Virginia Beach VA. Some people built houses near a Naval Air Station a while back (you know, where bypass ratios on most military jet engines are a lot less than a commercial airliner.) Maybe their lack of technical expertise let them down. afterburners are an option on takeoffs. They tried to get the navy to back off on take off times. Of course they lost._____________________________ "The trouble with quotes on the internet is that you can never know if they are genuine" - Abraham Lincoln Quote Share this post Link to post Share on other sites
DJL 235 #8 May 17, 2004 QuoteIF you guys are serious about this stuff, it's time to write the legislatures and have them create laws that change the common law nuisance definitions. Is the USPA doing anything about this?"I encourage all awesome dangerous behavior." - Jeffro Fincher Quote Share this post Link to post Share on other sites
Unstable 9 #9 May 17, 2004 QuoteSeveral years ago at my birthplace DZ, a lady rolled into town and set up a bed and breakfast right at the end of our runway. I guess it was a bad case of investment research, or she only checked out the location during the week or whatever but as soon as she opened her doors she started bitching about all the loads flying on the weekend. She took it to the city council but lost because 1. the DZ brings SO much more money to the area than a lowly bed and breakfast (and had been doing so for thirty years)and 2. the DZO went to high school with a bunch of the councilmembers, so no sweat there. She even called the FAA but between the relatively tight ship the DZO runs and the (surprisingly) good relations he has with the local FSDO, no problems there either. Finally, she gave up. The DZ still gets strings of hang-up phone calls whenever we do night jumps though... Freaking Unbelievable.....=========Shaun ========== Quote Share this post Link to post Share on other sites
Unstable 9 #10 May 17, 2004 QuoteIs the USPA doing anything about this? Isn't this the area for Ed at USPA?? Maybe we should draft a petition and circle it throught the community, opting for the changes mentioned by our lawyer friend here! Why not act now before it becomes a problem!=========Shaun ========== Quote Share this post Link to post Share on other sites
lawrocket 3 #11 May 17, 2004 This is a state-by-state thing. Because of that, I don't see how much success the USPA can have with it. There simply are not enough resources for an organization like the USPA to take it up with all 50 states individually. It's gota be grass roots, and it'll take years. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
pilotdave 0 #12 May 17, 2004 Not about a DZ, but this was published by Avweb recently: "In a fine example of letting the buyer beware, the Scottsdale (Ariz.) city council is considering putting up signs near its airport warning prospective buyers of neighboring homes what they might be buying into. "I think it is a brilliant plan, and I will suggest the council pursue it," Councilman Bob Littlefield, chairman of the city's subcommittee on aviation issues, told the East Valley Tribune. "If we did this it would be 100 percent clear, and we wouldn't have to worry if real estate agents are disclosing the noise issue." The signs are one option in a noise study being done by the FAA at the increasingly busy resort city's airport. As more and more subdivisions sprout from the desert around the airport, the number of noise complaints has skyrocketed but, in contrast to some other communities we can think of, Scottsdale officials appear refreshingly unmoved by the complaints. "If you don't want to get sea spray on your house in San Diego, don't buy a house next to the ocean," Airport Commissioner John Mack said. "Just as if you don't want aircraft noise, don't buy a house next to an airport."" Scottsdale's city councel is smart! I mean I think it's retarded that they need signs, but it's a great idea. A few airports in MD have had low income housing go up nearby recently. The towns are requiring buyers to sign all kinds of waivers saying they understand the noise and safety issues they're buying into. But I think the airport owners are well aware that it's only a matter of time before some idiot gets them shut down. Dave Quote Share this post Link to post Share on other sites
slug 1 #13 May 17, 2004 Hi Unstable IMO "Misunderstandings" between DZ's/airports and their neighbor's are not restricted to noise/aviation and are not always the fault of the new property owner. Misunderstandings between neighbor's has been the bread and butter of some lawyers for a hell of a long time and will continue after we're long gone. Just read the CYA on a real estate contract. There's even a acronym for the type of behavior your describng "NIMBY" Not In My Back Yard. It includes low income housing, sewage treatment plants, strip joints, commercial development, roads utitiliy lines you name it someone is going to be opposed to it. welcome to the real world R.I.P. IOW don't worry be happy there isn't squat that can be done about it Quote Share this post Link to post Share on other sites
