Adams County Files Lawsuit Over DIA Noise
Officials Say Study Shows 24 Violations Over Adams County
A lawsuit filed by Adams County Tuesday alleges
planes from Denver International Airport violated the county's
noise pact at least 24 times in 1996 and 1997.
Denver is liable for $12 million in noise-penalty payments to
Adams County, according to the lawsuit filed in Jefferson County
District Court. It covers DIA's second and third years of
operation, from February 1996 to February 1998.
"It's totally frustrating; we do not like to have to do this,"
said Adams County Commissioner Elaine Valente. "But we cannot let
it go. We have an obligation to our citizens."
Attorneys for Denver could not be reached for comment.
In 1999, Adams County District Court Judge Jane Tidball ruled
that the Denver airport had violated the city's noise agreement
with the county at least eight times in DIA's first year.
Because the Adams-Denver pact called for aircraft noise
penalties of $500,000 for each violation, Tidball's ruling meant
the city owed Adams County $4 million for first-year noise. With
interest, the penalty ballooned to $5.3 million.
Denver appealed the judge's ruling, and last month, the Colorado
Court of Appeals heard the city's appeal.
The 1988 pact between Adams County and Denver set up a system
that called for DIA to monitor aircraft at about 100 locations
north, west and south of the airport. It also established a noise
boundary around DIA that could lead to additional violations.
Adams County residents voted to support Denver's annexation of
county land for the construction of the airport. They were promised
less airplane noise from DIA than they suffered from Stapleton
airport, Valente said.
Denver's agreement with Adams County gave the city time to
reduce noise levels and escape penalties. But Tuesday's lawsuit
said Denver "failed, neglected and refused to implement
regulations to cure violations at DIA."
Denver is liable for $12 million in noise-penalty payments to
Adams County, according to the lawsuit filed in Jefferson County
District Court. It covers DIA's second and third years of
operation, from February 1996 to February 1998.
"It's totally frustrating; we do not like to have to do this,"
said Adams County Commissioner Elaine Valente. "But we cannot let
it go. We have an obligation to our citizens."
Attorneys for Denver could not be reached for comment.
In 1999, Adams County District Court Judge Jane Tidball ruled
that the Denver airport had violated the city's noise agreement
with the county at least eight times in DIA's first year.
Because the Adams-Denver pact called for aircraft noise
penalties of $500,000 for each violation, Tidball's ruling meant
the city owed Adams County $4 million for first-year noise. With
interest, the penalty ballooned to $5.3 million.
Denver appealed the judge's ruling, and last month, the Colorado
Court of Appeals heard the city's appeal.
The 1988 pact between Adams County and Denver set up a system
that called for DIA to monitor aircraft at about 100 locations
north, west and south of the airport. It also established a noise
boundary around DIA that could lead to additional violations.
Adams County residents voted to support Denver's annexation of
county land for the construction of the airport. They were promised
less airplane noise from DIA than they suffered from Stapleton
airport, Valente said.
Denver's agreement with Adams County gave the city time to
reduce noise levels and escape penalties. But Tuesday's lawsuit
said Denver "failed, neglected and refused to implement
regulations to cure violations at DIA."
Copyright 2002 by TheDenverChannel.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
