Sunday, May 15, 2022

Boulder County District Court judge opens door for noise lawsuits against Rocky Mountain Metro Airport (KBJC)

A screenshot shows examples of flight paths the morning of May 13, 2022. 



SUPERIOR, Colorado — A Boulder County District Court Judge has paved the way for homeowners near Rocky Mountain Metropolitan Airport to sue over noise violations, court documents obtained by Denver7 show.

The ruling stems from a court case that began in late 2021. However, homeowners in the Rock Creek area of Superior were just alerted to the ruling this week by the Rock Creek Home Owners Association.

Residents who spoke to Denver7 pointed to this week’s plane crash as just the latest example of their concerns, which they say span years as traffic at the airport has increased. In particular, more frequent pilot training flights have increased the level and frequency of noise. A study by the Rock Creek HOA board found “noise limits from the airport were ten times the maximum noise levels represented by the airport,” according to a letter sent to homeowners in the neighborhood.

“It is literally loud enough to impact the ability to have a conversation in my house,” said Rachel Stanton, who lives in the Rock Creek neighborhood. “And they fly over, you know, it can be every few minutes.”

Stanton and her family moved to the neighborhood five years ago. She says she was well aware that a nearby airport would mean aviation noise, but she could never have been prepared for the amount her family has since endured.

“And it’s not that anyone wants to totally eliminate all of that, but we want to see more controls and limitations on the amount of traffic that comes over this neighborhood,” she explained. “The bigger issue is, I’m concerned about the safety risk of having airplanes, small planes — by people in training — coming over our homes and businesses.”

Stanton says the amount of noise and disruption has her family second-guessing the home they chose, and they are not alone. Mark Ricketson reached out to Denver7, saying he and his wife left their home of 20 years in Boulder due to immense air traffic.

“I just said, you know, there’s only one thing we can do — and that’s to change our location,” Ricketson explained, saying several complaints to local and agency leaders fell on deaf ears. “I would go for a walk, and there would be just a constant drone of aircraft over your head.”

RMMA has been in operation since 1960, but residents of the area say the noise pollution has gotten substantially worse in the last few years, specifically. A nationwide shortage of pilots has added extra pressure to train more pilots quickly, but this training has led to a huge increase in air traffic. This has particularly been the case around neighborhoods, residents say.

“If it was occasional, not a problem,” Stanton said. “When it’s every five minutes, that becomes disruptive.”

Both Jefferson County and the Rock Creek Masters HOA have appealed the recent district court ruling, according to the HOA. The HOA is asking the judge to expand the ruling to include more homes in the area — thus invalidating signed easements and allowing for additional lawsuits.

Denver7 reached out to the Rocky Mountain Metropolitan Airport and Jefferson County for comment on this story, but did not hear back.

18 comments:

  1. These people are ludicrous. Every airport in Denver, from KDEN to KAPA has been increasing in activity over the last 10 years. This is largely because Denver itself has grown by over a half million residents over the last decade alone. Denver has become a major aviation hub and these people should be grateful for the industry growing there. Providing jobs, education, industry access, and revenue for the city and counties.
    These people buying a home underneath a major airport and then later complaining about it are ridiculous. And stating they "never thought it would get this bad" is just making for excuse to complain. As cities grow, so does the infrastructure. BJC, APA, CFO, LMO, FNL, and COS are booming business hubs along the Front Range. It won't belong before these people ruin another good airport environment, as with BDU because a cranky house wife or agitated old man gets upset and sues the airport, claiming they have emotional damage from the sounds of airplanes.
    This stuff has got to stop. These people would destroy civilization if they could and then later, complain about the state of the ruins as if they themselves hadn't caused it.

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  2. Once again California liberals who relocated to Denver to escape the mess they made in California. They are like a cancer spreading throughout our great country destroying everything we have enjoyed for centuries.

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    1. I’m sure you have enough home grown republican voting conservative nimbies who dislike airplane noise.

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  3. It is called math. As more airports close, like Fort Collins, traffic builds at the remaining airports, like Fort Collins-Loveland.

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  4. The Socialists in Santa Monica won’t stop till they close SMO completely. These people are lunatics.

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    1. I am among those fighting to the death there. They will have to prey the land from my cold dead hands. Figuratively of course. But once we have EV planes and electric air taxis... we can destroy every single argument the rotten and corrupt local political mafia at the beck and call of the developers has.
      Hopefully a new Federal Government in 2024 may just expropriate around the airport to make sure to create a no interference zone to a vital and necessary piece of transport infrastructure.

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    2. You can keep your land, dead or alive. Neighboring communities just want a quieter sky. Last I looked, the sky was separate from the land.

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  5. Airport was there first. End of discussion.

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    1. That didn’t work very well at all for Native Americans

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  6. This is "Burger King" Politics - have it your way - most of those homeowners have deed clauses and/or easements due to the airport. The real issue is the potential for a judge to allow the easements to be invalidated.

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  7. Santa Monica Airport shortened their runway by 1500 feet to push jet traffic over to nearby Van Nuys Irport. Don't know if that would work at BJC.

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  8. Here's a photo of the airport circa 1975 (the airport opened in 1960). NO Rock Creek subdivision existed.
    It was basically in the middle of nowhere at the time.
    This lawsuit has no merit and should thrown out of court. These people knew the airport was there long before they bought their homes.

    https://www.facebook.com/RockyMountainMetropolitanAirport/photos/a.10151436576077335/10158387764567335

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  9. Here's a thought for the 6 or 7 wanabe pilots that have commented. How about you give me your home address and I'll drive my Harley Davidson back and forth in front of your house EVERY 3 MINUTES!!! I'll start at 5:45 am to 10:00pm 7 DAYS PER WEEK!! If possible leave leave your side gates open I'll drive in your back yard too. Would you like that? Would that be ok with you? If so why not? Golden rule people...golden rule

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    1. we found the rock creek hoa president haahahaha

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    2. That's all you got? A haahaa. Can I google that address internet tough guy?

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    3. Look I get it, really I do. Looping left one day, looping right the next day. I could not imaging a more BORING job that to fly in rectangles for hours on end. I'm sorry that post high school never worked out for you but taking it out on homeowners is just wrong. Ca sera sear.

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    4. Listen buster... the AIRPORT WAS THERE FIRST. PEOPLE HAD NO BUSINESS MOVING THAT CLOSE. Get it? or I need to respell that for you???

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  10. Who GAF what was where first!! As for a respell it would just embarrass you. I mean why else would you fly. Not like you qualify for much else

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