Court lets stand Chesapeake airport damages

CHESAPEAKE

The Virginia Supreme Court has let stand a ruling that air traffic from Chesapeake Regional Airport damaged homes in a nearby subdivision.

The decision to refuse the Chesapeake Airport Authority's appeal clears the way for a jury of five Chesapeake landowners to be assembled in Circuit Court to determine "just compensation" for damages to homeowners who lived near the airport. No date has been set for the compensation phase of the case, filed by George and Margaret Osipovs, the lead plaintiffs in a long-standing dispute involving 12 other companion lawsuits against the airport.

Circuit Judge Randy Smith ruled in late 2007 that the Osipovses' property in West Landing Estates was "damaged" without just compensation by the airport. The judge ruled the Osipovses are entitled to a hearing by a jury of fellow landowners to determine compensation.

The Osipovses and other homeowners in West Landing Estates sued the airport in 2004 over flights that they contend destroyed their community's tranquil atmosphere. The flights, according to the homeowners, caused cracks in walls and broken window seals, leaking of hydraulic fluid onto property and other problems.

The airport, which opened in the 1970s, is on 450 acres off West Road in southern Chesapeake. The subdivision, built in the early 1990s, sits about 1-1/2 miles from the end of the airport's runway.

The airport grew over the years and now is commonly used by small, private planes, helicopters and corporate jets as well as an occasional military aircraft.

Several years ago, the airport installed an instrument landing system, which allows pilots to land in darkness or bad weather. It also increased air traffic.

The state Constitution forbids the General Assembly from passing any law whereby private property is "taken" or damaged" for public use without just compensation. Smith found the Osipovses' property was "damaged" by the airport but not deprived of all economic use.

Joseph Waldo, the attorney for the homeowners, said it was one of the most important property rights decisions in years. "They're relieved that the hard part of the case is over," he said of the Osipovs, who no longer live in the subdivision. "Because it's stressful after five years."

Now that the Supreme Court has upheld the judge's ruling in the Osipovses' case, attorneys for the plaintiffs are seeking to be heard in court on the other 12 lawsuits. "We are moving those suits along right now, starting today," Waldo said.

Patrick O'Donnell, the attorney for the airport, said there have been no settlement discussions. The airport, which has relied in the past on financial help from the city, ultimately will be responsible for the compensation to the homeowners. "If cost exceeds our ability to pay, we will have to deal with that in some manner, and I don't know what that manner is," said airport manager Joseph Love.

John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com