As we reported last month, the United States of America and the Federal Aviation Administration had filed a motion to dismiss a lawsuit brought by the City of Santa Monica in federal court seeking to confirm its alleged right to control the fate of the Santa Monica Airport. Yesterday, the federal court threw out the City's lawsuit, holding that:
- The Quiet Title Claim was time-barred;
- The takings claim had to be brought before the United States Court of Federal Claims pursuant to the Tucker Act; and
- The Tenth Amendment and Fifth Amendment Due Process Claims were not ripe.
The federal court found that the Tenth Amendment and Due Process Claims were not ripe because the City had not finally decided or declared its intention to cease operations at the Santa Monica Airport. This City must now decide whether to appeal the ruling, make a formal declaration of intent, pursue its takings claim in the Court of Federal Claims, or sit with the loss. As Yogi Berra said, "It ain't over til it's over."
Ben Rubin assists developers, public agencies, landowners and corporate clients on a variety of complex land use and environmental matters. He counsels clients on matters dealing with the Federal and State Endangered Species Act ...
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