Plaintiffs, homeowners living near Santa Monica Municipal Airport, brought suit against the municipality of Santa Monica, the airport operator, seeking damages for diminution of property value and personal injury resulting from jet aircraft noise. The homeowners' principal theory for recovery was that the jet noise emanating from the airport constituted a nuisance. Both the trial and the appellate courts dismissed the nuisance action. The California Supreme Court reversed. Held: a nuisance action against a municipal airport is not precluded by governmental tort immunity. Nestle v. City of Santa Monica, 6 Cal. 3d 920, 496 P.2d 480, 101 Cal. Rptr. 568 (1972).
G. E. F.,
Torts—Nuisance Actions Against Municipal Airports—Nestle v. City of Santa Monica, 6 Cal. 3d 920, 496 P.2d 480, 101 Cal. Rptr. 568 (1972),
48 Wash. L. Rev.
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