The California Court of Appeals Second Appellate District rejected a 1999 lawsuit filed by the Santa Monica Airport Association against the City of Santa Monica Wednesday, August 24th.

The association is a group of local Santa Monica Municipal Airport aviation users who alleged that the city failed to implement the aircraft noise abatement program and to provide facilities and services described in a 1984 agreement.

The association filed the lawsuit because it said the city was in violation of the Santa Monica Airport Agreement in 1984 that the city made with the Federal Aviation Administration (FAA).

“I hope the ruling of the Court of Appeals will encourage the Airport Association to work with airport staff on the issues facing the airport today rather than dwell on issues from the past,” said airport manager Robert Trimborn.

In its lawsuit, the association sought injunctive and declaratory relief and damages for breaches of the agreement.

The Court of Appeals dismissed the association appeal and its entire action based on a cross-appeal filed by the city.

The city challenged the association’s right to bring action against the city on grounds that the association was not a party to the 1984 agreement.

Previously, a trial court ruled that the association was a “third party beneficiary” to the 1984 agreement.

The association brought 27 causes of action against the city, but Malibu Superior Court Judge Cesar Sarmiento dismissed the request for damages along with 11 causes prior to trial.

Sarmiento ruled in favor of the city on every cause of action except one, which concerned leases for two airport tenants.

The Court of Appeals reversed the Trial Court’s decision on that one cause of action because the decision conflicted with an FAA ruling on the same lease issue.

The Court of Appeals also ruled that the association must pay city appeal costs.

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