Another Colorado Court Dismisses Claims by Airport Neighbors

A Colorado judge has added to the mountain of case law that rejects claims by airport neighbors that they are uniquely damaged by aircraft taking off and landing and flying over their houses. The 400 residents of upscale Rocky Creek Ranch, which was built near Rocky Mountain Metropolitan Airport, sued Jefferson County in 2023 claiming the noise, vibration, and lead emissions from flight training operations amounted to a “taking” of their property in that it damaged or reduced its value. They also claimed that because of their proximity the damages they suffered are unique or exceed the damages caused the rest of the public. Their case was based on an earlier court judgment that invalidated nine of 29 “avigation routes” established when the airport was built. Judge Jeffrey A. Smith, of the Boulder District Court, vigorously denied both claims.

Quoting previous cases on similar issues, Smith said the homeowners failed to show they suffered “a unique or special injury that is different in kind from, or not common to, the general public.” In other words, everyone can hear the planes and breathe the fumes. He also quoted a case that concluded that “annoyance and inconvenience do not rise to the level of compensable damages.” Smith went a step further and made his judgments “with prejudice,” which means the case cannot be refiled in the future in that court. Those in the aviation community watching this and other cases in Colorado have commented on social media that they don’t think this means an end to litigation. Rather, they say, the focus will shift to lead emissions as the primary irritant, which may have had something to do with Rocky Mountain announcing earlier this week that Swift 94 UL unleaded fuel is now available at the field.