Legal Opinion

Baker v. Burbank-Glendale-Pasadena Airport Authority

California Supreme Court

Decided September 23, 1985No. L.A. 31869PublishedCited by 93 opinions

1Opinion of the Court

Opinion

REYNOSO, J.

We are asked to resolve two questions: whether a public entity lacking the power of eminent domain may nonetheless be liable in inverse condemnation; and, whether a plaintiff may elect to treat commercial airport noise and vibrations as a continuing, rather than a permanent, nuisance. For the reasons set forth below, we answer both questions in the affirmative.

Plaintiffs are homeowners who live adjacent to defendant Burbank-Glendale-Pasadena Airport. The airport became a public entity in 1978 when it was purchased by the three cities pursuant to Government Code section 6500…

2Cases cited51 opinions

  1. Lake Country Estates, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 1979
  2. City of Burbank v. Lockheed Air Terminal, Inc.Supreme Court of the United States · 1973
  3. United States v. DickinsonSupreme Court of the United States · 1947
  4. Rose v. State of CaliforniaCalifornia Supreme Court · 1942
  5. Nestle v. City of Santa MonicaCalifornia Supreme Court · 1972

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3Cited by93 opinions

  1. Hensler v. City of GlendaleCalifornia Supreme Court · 1994
  2. Mangini v. Aerojet-General Corp.California Court of Appeal · 1991
  3. Lawrence C. Bieneman v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1988
  4. CAMSI IV v. Hunter Technology Corp.California Court of Appeal · 1991
  5. Russo Farms, Inc. v. Vineland Board of EducationSupreme Court of New Jersey · 1996

88 more not listed; retrieve them via the Exa API.

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