Cases

 We represent Martin County as special litigation counsel defending claims against the County as the operator of the Stuart Airport, also known as Witham Field. This is a proposed class action lawsuit filed by class representatives on behalf of 5,000 homeowners seeking a judgment of inverse condemnation related to the aircraft operations at Stuart airport. Plaintiffs allege that the increased noise, vibration, and exhaust have resulted in a taking of Plaintiffs’ property and constitute nuisance and trespass. We successfully obtained a Court Order requiring Plaintiffs to prove that their properties substantially diminished in value as a direct result of aircraft operations, as opposed to merely showing a “decreased increase” in value. After the ruling, the Class I representative Plaintiffs, who reside closest to the airport runways, agreed to settle their claims and release the County. The remaining Plaintiffs have admitted that they cannot meet the standard imposed by the Court. In a related action filed by airport opponents, we successfully defended a lawsuit seeking a mandatory injunction requiring Martin County to remove the airport tower, runways and taxiway improvements, buildings and roadways. The plaintiff airport opponents claimed that Martin County violated Section 163.3215, Florida Statutes, in adopting the Witham Airport Master Plan (“AMP”), because the AMP was allegedly inconsistent with Martin County’s Comprehensive Land Use Plan. We obtained a summary judgment disposing of these claims. Scott Konopka was primarily responsible for this matter.