Latest Move In Long-Running Dispute Over Noise, ‘Avigation’ Easements

The Louisville (KY) Regional Airport Authority has been at odds with the city of Audubon Park, which is also a bird sanctuary, for several years, and now it appears that scheduled noise insulation work under Louisville's QuieterHomes Program will not be done at all.

The Louisville Courier Journal reports that in August the airport authority filed a suit against the historic planned community after the city levied a $13,000 fine against the airport that is intended to prevent the soliciting and granting of easements. The ordinance apparently covers something called an "avigation easement" in the airspace above the community, which the airport says residents must cede in exchange for the insulation work being done on their homes.

The noise mitigation work has a deadline of September 30th, 2015, but airport authority executive director Skip Miller says that Audubon Park has missed its opportunity to have the work done before more restrictive local guidelines go into effect that would take 61 homes that are currently eligible off the list.

The avigation easement ordinance was approved in December. It makes it illegal for anyone, including the airport authority, to "offer, solicit, or accept" an easement that would "sanction or allow emission of noise or other pollutants" and "detract from the character and integrity" of the community." The wording of the avigation easement deeds allows airplanes in the airspace over the property covered by the deed the right to "cause and emit" noise, fumes, vibrations, dust, fuel particles, and all other effects that might occur when a plane flies overhead.

The coordinator of the QuieterHomes Program, Wendy Harrow, says it is her interpretation of the city's position that "no such permits shall be issued."

The suit filed by the airport asks the court to dismiss the fine and citation, and that the airport be made exempt from the provisions of the ordinance. It also says the ordinance is unconstitutional because the city does not have the jurisdiction to enforce it.

FMI: www.flylouisville.com, www.audubonparkky.org, www.flylouisville.com/quieter-home