City of Torrance's Brief in Opposition to the Petition of Zamperini Airfield Preservation Society (ZAPS)

Here is the City of Torrance's Brief in Opposition to the Petition of Zamperini Airport Preservation Society (ZAPS) to invalidate Torrance's ban on touch-and-go and other operations at its airport. It is a very solid presentation of the reasons why the City of Torrance has the power to limit these operations to reduce noise, using its airport proprietor's exemption to FAA preemption, and why ANCA does not apply to this ordinance (ANCA only applies to restrictions on Stage 2 or Stage 3 aircraft, which are not present at the Torrance Airport, and ANCA does not have a private right of action for third parties to use as the basis for standing).

It should also be noted: "the FAA has not written the City, stating that Ordinance 3930 is preempted or in conflict with ANCA; the FAA has not attempted to intervene in this case; and the FAA has not sought to file an amicus curiae brief in this action. Similarly, none of the airport-based flight schools has filed suit challenging Ordinance 3930; and no flight school has sought to intervene, or to file an amicus curiae brief in this case." [Clearly, the FAA wants no part of this suit, presumably because it thinks it would lose on preemption and cannot impose ANCA restrictions on Torrance, in part because Torrance has not taken FAA grant money since 1986, but also because, under its own plain language of the statute and rules, ANCA does not apply to these flight school aircraft.]

Files:

• RESPONDENT CITY OF TORRANCE’S BRIEF IN OPPOSITION TO PETITIONER’S MOTION FOR WRIT OF MANDATE
• REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PETITIONER’S MOTION FOR WRIT OF MANDATE
• DECLARATION OF RAFAEL HERRERA IN SUPPORT OF RESPONDENT CITY OF TORRANCE’S BRIEF IN OPPOSITION TO PETITIONER’S MOTION FOR WRIT OF MANDATE