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BOARD TO FILE SUIT AGAINST COMPANY FOR AIRPORT NOISE.


Byline: Dana Bartholomew Staff Writer

VAN NUYS - The Los Angeles Board of Airport Commissioners on Tuesday directed a lawsuit be filed against a charter jet company accused of repeated noise violations at Van Nuys Airport.

The Commissioners asked the city attorney to sue XtraJet of Santa Monica for violating regulations limiting noisier Stage 2 jets. The lawsuit is expected to be filed today.

The BOAC accused XtraJet of violating the nonaddition rule, which limits jets like the Gulfstream II at Van Nuys Airport. Such jets have generated considerable complaints about noise.

``This legal action legal action n. any lawsuit, petition or prosecution. sends a clear message that noise restrictions in place at Van Nuys Airport will be strictly enforced,'' said Los Angeles Mayor James Hahn, in a statement.

``We will continue to make every effort to preserve and protect the quality of life for San Fernando Valley residents while maintaining the economic vitality of the airport.''

Officials at XtraJet said the company had obeyed every order by the city to comply with nonaddition regulations and had paid a $12,000 fine with the understanding no legal action would be taken.

They also accused the city of unfairly punishing XtraJet in order to score political points with Valley homeowner associations.

``This was a decision made to appease the HOA groups around Van Nuys Airport - it was made in bad faith,'' said Jeffrey Borer borer, name applied to various animals that are injurious because of their ability to penetrate plant or animal tissues. Among insects, some borers are beetles, e.g., the flatheaded apple-tree borer, a serious pest of many shade and fruit trees; the roundheaded apple-tree borer; and the bronze birch, locust, elm, shot-hole, and poplar borers. Other boring insects are moths that are harmful in the larval stage, e.g., vice president of XtraJet, which claims to have two Gulfstream IIs in Van Nuys.

``We're very disappointed. We will take all legal remedies available to us.''

Operations at Van Nuys Airport since 1981 have been governed by a Noise Abatement and Curfew Ordinance. The nonaddition rule, an amendment to the ordinance, limits Stage 2 jets based at Van Nuys and visits of nonbased Stage 2 aircraft to 30 days, except for maintenance or refurbishment.

The BOAC said XtraJet violated the nonaddition rule 13 times in two years and exceeded the 30-day limit by 1,600 days.

Gerald Silver, president of Homeowners of Encino, said he called for an investigation of nonaddition rule violations at Van Nuys airport eight months ago when charter companies such as XtraJet allegedly parked Stage 2 jets illegitimately under the guise of general maintenance.

``This clearly is a step in the right direction,'' he said of the BOAC decision. ``It's clearly long overdue. But it's a small step: What's needed is to implement a phase-out of all Stage 2 operations.''

Dana Bartholomew, (818) 713-3730

dana.bartholomew(at)dailynews.com
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Publication:Daily News (Los Angeles, CA)
Date:Sep 24, 2003
Words:407
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