Residents Initiate Legal Action

Lawsuit Information
Individuals and neighborhood groups are initiating legal action to protect their property rights (and yours!), and to enforce the legal rights of all citizens.  These citizens and groups are responding to breaches of governmental promises made to the courts and to DeKalb citizens guaranteeing that residents would not be subjected to larger jet operations at DeKalb-Peachtree Airport (PDK).Recently, widespread community action has succeeded in temporarily slowing the CEO’s attempt to establish Airport Compatibility Overlay Districts (A.C.O.D.), which would have taken away many property and due process rights of citizens and would have created huge, arbitrary, geographical areas where any consequence of expanded airport operations would be completely insulated from any accountability.  Without registering a protest through the courts, we will be relinquishing precious rights and jeopardizing a permanent loss of our air rights.

Background
Several years ago, concerned DeKalb County citizens filed a lawsuit in federal court (C.A.R.E. NOW, Inc. et al. v. FAA), objecting to a government proposal for a 1,000 ft. runway extension at PDK airport.   The officially stated purpose for the longer runway was to ensure an appropriate 1,000 ft. safety zone for existing aircraft in take-offs and landings.   Citizens were skeptical.  Community-wide concerns were that the longer runway would be used to provide access, for the first time, to larger, commercially oriented jets at PDK on a regular basis.   Citizens sought a study to illustrate and protect against the inevitable environmental damage caused by bigger and heavier planes and by increased commercial traffic.  They sought and received assurances that the 66,000 pound weight limit restriction would be enforced. In the resolution of the lawsuit in the U.S. Circuit Court of Appeals, the citizens received formal assurances, from both DeKalb County and the FAA, that the 1,000-ft. extension would remain a buffer safety zone and would not be compromised or disregarded to facilitate access for aircraft larger than 66,000 pounds.  However, it has become clear that these assurances have not been honored.  In fact, they are being aggressively violated at PDK, where expanding commercial, large-jet operations are now apparent.  

What remains unclear is how or when the abuses started, or to what extent the over-limit, large-jet operations are presently occurring and expanding.  Unfortunately, in response to requests under citizens’ lawful “open records” and “freedom of information” rights, DeKalb County and the FAA are now refusing to disclose the public information, or are claiming that all relevant records are now “lost.” Our only recourse against such tactics is to proceed with a lawsuit to obtain a federal court order requiring DeKalb County and the FAA: 1) to adhere to their prior repeated promises, both to the courts and DeKalb citizens, that aircraft larger than 66,000 pounds would not be accommodated at PDK, and  2) to make public records available to the public, as required by federal and state laws.  As concerned citizens, we must maintain our right to obtain the information necessary to confirm that airport operations are appropriate. 

Your immediate cash contributions are needed for Phase I of this lawsuit. 

Important ways you can help