Windom Community

This is the latest info from the city attorney working on the MAC lawsuit. The bottom line is (see last paragraph) if you want to be included in the MAC settlement – do nothing – don’t opt out.

Mary Petersen, Associate

Council Member Benson’s office

mary.petersen@ci.minneapolis.mn.us
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The noise mitigation program is now the same for both the class action settlement and the settlement of the Cities’ MERA (Minnesota Environmental Rights Act) lawsuit. Their settlement adopts the consent decree. They have release of liability language in their settlement. Presumably, this represents their interpretation of Section 5.11 of their Consent Decree with the Cities. The timing of the releases of liability is a little different between the two. All the class members release their claims immediately in the class action settlement. In the Consent Decree, individual homeowners do not agree to a release of claims until they sign up for the noise mitigation program.

IMPORTANT NOTE:

If 5 percent of people opt out of the class action settlement, then the MAC has the option to void the proposed class action settlement. If the class action case is not finally settled by January 17, 2008 then the Cities’ settlement with the MAC is void. Normally people would NOT opt out unless they were serious about being part of a future lawsuit against the MAC about airport noise or (for whatever reason) wanted to destroy the noise mitigation settlement reached by the Cities.

Corey Conover

Assistant City Attorney
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