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| An F-18 Hornet roars off the runway at Oceana Naval Air Station in Virginia Beach.
(Bill Tiernan | The Virginian-Pilot file photo) |
By Susan E. White
The Virginian-Pilot
VIRGINIA BEACH
More than three months after a multimillion-dollar settlement was reached with several thousand Virginia Beach and Chesapeake property owners over Navy jet noise, the “sound of freedom” is once again being challenged in federal courts.
Lawyers representing another wave of plaintiffs filed a class-action claim on Wednesday that could potentially represent thousands of property owners around Oceana Naval Air Station in Virginia Beach and Fentress Naval Auxiliary Landing Field in Chesapeake. Damages estimated in the claim are for $500 million.
The lawsuit was one of two complaints filed with the U.S. Court of Federal Claims in Washington on behalf of plaintiffs who claim that loud F/A-18 Navy Hornets have lowered the value of their homes and negatively affected their everyday lives. The lawsuits state that the jets encroached on their properties.
Five property owners are listed as representatives for the class-action case. They are Virginia Beach property owners Thomas and Evalyn Askins; J. Brian and Patricia Donnelly; and Paul and Constance Weisberg. The Chesapeake homeowners are James Jr. and Rose Ann Bergey and Morris and Nancy Deal. None of the homeowners could be reached Wednesday evening for comment.
A second complaint, representing owners of 1,375 properties, also was filed in the same court. Damages for the second suit are estimated at $50 million. It was filed as a “safety” suit in case a judge denies the residents’ request to certify the class-action lawsuit, said Maryland lawyer Martin Wolf, a member of a team of attorneys representing plaintiffs. If it is certified, plaintiffs in the second suit would join the class-action complaint, he said.
The additional lawsuit also ensures that at least some property owners are able to pursue a claim before the statute of limitations expires, Wolf said. Federal law requires that property owners who want to sue the United States in overflight takings’ lawsuits bring their claims within six years of first suffering harm.
Jim Brantley, a spokesman for Fleet Forces Command in Norfolk, said Wednesday that Navy officials had not received any information on the lawsuits and could not comment on the cases.
A Justice Department spokesman said federal officials also had not seen the lawsuits and could not comment.
Meanwhile, plaintiffs’ attorneys said the latest lawsuits speak to the continuing interference of Navy jet noise on homeowners’ lives.
“I think there are clearly people who are having their lives disrupted by loud jet noise, whether in their sleep or trying to carry on conversations inside their homes,” said the Virginia Beach plaintiffs’ attorney, Jack Ferrebee . “That’s their primary motivation for signing up.”
The class-action suit is similar to one filed in April 2001 in which nine property owners in Virginia Beach and Chesapeake alleged that the arrival of the Navy’s F/A-18 Hornets by July 1999 subjected their homes to substantially louder noise, devaluing their property.
Virginia Beach property tax assessment records show that homes around Oceana have continued to increase in value, but plaintiffs assert that their properties would be valued even more without the jet noise.
Furthermore, plaintiffs said the relocation of the Hornets was the federal government’s taking of their property without just compensation, a violation of the Fifth Amendment.
The latest lawsuits were filed under the same belief, said Ferrebee, who compared the government’s action to building a highway through a person’s property.
“If the government burdens an individual, all citizens have to share in that burden,” he said. “It’s not as if these folks are acting in a radical way. They are acting in a way that the Constitution contemplated.”
A judge eventually denied a request to certify the 2001 class-action complaint, forcing more than 2,000 property owners involved in the case to file their own individual lawsuits. In May, the Justice Department and the Navy reached a $34.4 million settlement with those plaintiffs.
Ferrebee said that allowing the latest class-action complaint to go forward could “resolve issues involving all properties within the noise contours.”
One possible debate involving the cases is whether time has already run out for any lawsuits to be filed against the federal government. Plaintiffs’ lawyers contend the current deadline for filing other similar lawsuits would be Tuesday.
Susan E. White, (757) 222-5114,
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You guys are hilarious
When I bought my home in VaBch, I checked out the local schools, places to shop, things to do, looked at the local crime rate and decided on a home. Now someone tells me there's a Naval Jet base in the area? Ya gotta be kidding me! And on top of that, home prices have declined in VaBch? Home prices may be on their way down, but it has nothing to do with the base. Lemme guess, it's that interest only, negative amortized, adjustable rate mortgage that you took out that's hurting ya. And of course, these same folks will be the first in line to sue their lender and will be looking for a government hand out.
The pandora's box has been open.
The Pandora's box has been open. If a neighbor gets 10 or 20K, many others will hop on the bandwagon, even if they are not that concerned over the noise. I have little doubt that will be a third lawsuit soon.
Laughing!!
Laughing that I moved 6 months ago due to the illegals, the police indifference, the city's criminal dealings on a day to day basis, laughing at the people who want the Navy out and laughing that if the Navy leaves, VB will turn into a bigger scum place full of low wage jobs and throw away careers. I'm laughing that my house has appreciated to almost double what I paid for it. With no VB politics, with NO traffic jams. My apology, I can't hear all of you whiners-it's so quiet out here on 2 acres in North Carolina-and yes..I know about the OLF and I as a Navy veteran will vote NO. It's a pleasure to see both sides squirm like this-all while your being taxed to death and sitting in traffic on your way to a low wage job. Laughing at you all!
Future of the Base!!!!
Here is the deal; the more that people complain and file lawsuits, the government will eventually do something about them. They did they same thing where I grew up; that was until the Air Force closed the base, now that the town has lost the money from the base everyone moved out and drugs and crime moved in. So keep complaining, make the government close the base so you can have your peace and quiet! However, do not complain to us when crime and drugs replace jet noise!
People that live in the fly zone
Move.
NAS Oceana was there first
The only relevant question in this debate is when the homeowner bought their house. If they bought it before NAS Oceana was established, then I would agree that they have a valid argument against the Navy. On the other hand, if they bought their house with full knowledge that it was located near a military jet base, then they have no argument. Who doesn't realize that a house near a jet base is going to be bombarded by noise? Yes, I live in Norfolk. But for 20 years I owned a home in VB, right in one of Oceana's landing patterns. When the noise got to be too much, I did the sensible thing, I moved. It never occured to me to sue the Navy, after all, when NAS Oceana was built, there weren't that many houses, Blame the developers.
Hmmm...
Last commenter stated how the operations at Oceana have expanded...giving the citizens the right to complain. Hmmmm....kind of like town center??? City sure has expanded that area...but you tell me that I have no right to complain about it. Such hypocrits!! Point is, I have to except the fact that the city is "growing" for financial and economic gain. Well, you have to except the fact that our military advances and operations will expand. Difference between the two...I've been here way before town center. Most likely none of you have been around before the jet base.
Stupid comments are worse than jet noise
You know, Navy jets fly over my home, sometimes very late at night, but I knew they would when I bought my home and I accept their presence. But my reaction to jet noise is nothing compared to the way my teeth grind when someone writes "That's the sound of freedom" or makes a similar comment connecting patriotism and this issue. First, it's the kind of argument I expect to hear from a teenager. It's childish and convinces no one. Secondly, while I agree that people who knowingly moved into an area where jets practice have no right to complain, the Navy's operations have expanded, its jets have gotten louder, and some people were in their home before the jets arrived. They do have a right to complain. Cut them some slack.
C'mon Be original
All you nay sayers can say is, Move! Be original,can't you come up with anything else?It's like the saying, "which came first the chicken or the egg?" I think Otto t. said it best "Jealousy is a disease". If you can't say anything original, just don't say anything. "Jet Noise MakesYou Dumb".hehehe
You wouldn't understand unless you lived there...
As a person living near Fentress, I can personally say the noise is pretty loud. The planes generally don't fly until 9:30 or later, although it is getting earlier now that it is getting darker earlier. When we bought our home, the noise level said 75db, but 75db should not vibrate windows. The only time that planes fly in and out of Fentress is at night, so, I'm sorry that I didnt sit outside of the home I was looking to buy at 11pm to listen for jets. To all the people who say that the plantiffs in the class action suit are greedy, well, maybe they are... but they have a legimate complaint. Personally, I believe in a strong military, just not flying over my house at 11pm. The planes are loud -- period.
If it is not one thing it is another.
Come one people..how long has that base been there? Now how long have you been there? Anyone who moves close to a base should be smart enough to realize "freedom has a price" I will listen to those planes all night and day, because I am proud that they are ours! If we keep fighting to have the govt pay our way for noise and the military leave could you imagine the taxes the commonwealth would come up with then. For heaven sake, do you complain when a fire truck goes by as well? If you dont like it..move!
Truth be told
I was involved in the first law suit. I did my homework before I purchased my home in Chesapeake. The house we purchased in 1994 was not in a fly zone. Since the coming of the Super Hornet, the fly zone has been extended out to my housing development. So, yes they do owe me for the lower house value. Second, I moved to a no fly zone because I served 24 years in Naval Aviation. I am ready for some quiet time.
Shouldn't have moved there to begin with...
The people who moved near the base and then complain about the noise should have realised perhaps this is a bad place to live since there are planes flying overhead when they first moved in.. now they're complaining about it. Duh! Should have thought it over, people.. and your lawsuit wont fly too well.
don't buy a house near the base if you don't want noise
i wouldn't want the noise in my backyard not that i don't support what they are doing. that is why i wouln't buy a house anywhere near the base. people the base was there before your house went up why buy the house if you don't want the noise?
What!!
I recently stayed at the Beach and had the pleasure of seeing and hearing the Super Hornets practice. Momentarily I felt like I was back at a NASCAR race. It was amazing. But I didn't hear them again once I was inside. Personally I hope the Navy packs up and moves and takes their annual billion dollar payroll with them, that way VB can add more 'service oriented jobs' to the economy, i.e., call centers and hotel maids, jobs that pay barely above minimum wage. Won't that be fun, the McMansions will empty, the roads will empty, the economy will dive down! And to the poster who thinks attorneys will generate income in this area with the lawsuits, yea right! The level of greed in this country is just amazing!
Just sell your houses and go away
Whiners just sell your dang houses and move! I am tired you're the "I want the government to pay my way in life" crowd. Keep flying guys and gals, make it loud and proud. I hear all the time and I love it!
500 million?
To put it simply, that ain't gonna happen. The Navy will put their squadrons on perpetual deployment before they will pay that kind of money. While these people will finally get their silence, the social costs to the community will greatly outweigh any benefit they think was gained. As the sailors families break up due to the constant travel, more demands will be placed on social and judicial services, creating a real burden on the local and state taxpayers that does not exist today.
All For It
I bought my home before the zones were given out upon the purchase of our home. When the A 16's were flying it was then borderline tolerable. Now, it is absolutely unbearable when they fly over. I do have the freedom to choose whether I want to participate in the class action suit, and I do have the freedom of decision to move. Just like the military families, they chose to join the military as their occupation. I have the freedom of choosing to fight the level of noise. The lawsuit won't stop the noise, it will let the civilians make their opinions heard.
$Bottom Feeders$
These Clowns involved in the lawsuits are a particularly disgusting Breed of Opportunist . I suppose they really don't care as long as there is a chance for some Free Money.
Move
Houses are cheap in Iraq...