Case Studies on Community Challenges to Airport Development (2010) / Chapter Skim
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Pages 24-32
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25 specific facts showing a direct injury to any of its members.288 The appropriate standard of review for CWA suits is the "arbitrary and capricious" standard under the Administrative Procedure Act.289 The courts will not substitute their own opinion for that of the agency unless review shows that the decision clearly lacks a rational basis.290 In City of Olmsted Falls, Ohio v.
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26 ing the right to due process, violation of equal protection, lack of representation, violation of the right to free exercise of religion, and preemption of federal law.
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27 v. Gianturco.
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28 were upheld. But, the court pointed out that the City of Santa Monica was the proprietor of the airport in question, and thus within the proprietor exception to the general rule of Burbank.326 Various courts have recognized that the proprietor exception is based on the fact that an airport proprietor may be liable for noise emanating from aircraft that use the airport.327 In order to guard against liability, the airport proprietor should be able to promulgate reasonable noise regulations.
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29 establishing a single, uniform system of control over air safety."342 Other Circuits have considered whether federal law preempts discrete aspects of air safety. In French v.
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30 landing area must be discontinued within 5 years or upon the transfer of the property.
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31 enforcement of the ordinances. To address safety issues anticipated to arise with projected increases in traffic, the City proposed to extend one runway and construct another, much of which would be located on property in Brook Park.
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32 sentially mirrors the federal Religious Freedom and Restoration Act of 1993 (RFRA) and imposes a compelling interest test to state measures affecting religious practices.386 The legislature acted again in the O'Hare Modernization Act (OMA)
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33 tery, it did so. The record even demonstrated that the city and the FAA attempted to minimize encroachment on the St.
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