Coalition of Homeowner ALLIance Requiring Government Equity |
FOR IMMEDIATE RELEASE
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Media Resources Contact
Mike Cothran 281-446-4381 mlcothran@aol.com
Bill Turk 281-821-6309
Mark Gobble 281-804-3921
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(Houston/Atascocita/Kingwood/Champions/Humble/Spring/Huffman/Tomball-Texas)
8/15/2005
CHARGE IS PLEASED TO ANNOUNCE THAT THE FIRST NOISE CHALLENGE TO THE AIRPORT EXPANSION HAS CONCLUDED WITH A DECISION AGAINST THE CITY OF HOUSTON
Humble, Texas
Today a jury decision was reached in the Simmons vs. City of Houston case regarding the noise pollution caused at their home.
After numerous extensions and delays by the City of Houston, the case was finally tried today.
The decision was a result of a unanimous jury vote and the Simmons were awarded the maximum allowable plus their court costs in Judge Tom Lawrences court.
Bill Turk, an engineer who testified on behalf of the Simmons, indicated that unlike Bush IAH, other major airport cities around the country have noise abatement programs. One difference is that Bush Intercontinental Airport has county residents on three sides who have no voice in the City of Houston government. Thus far the City has ignored the need for noise abatement, pollution monitoring and land use management around the airport because the affected citizens have no representation in the City of Houston, who is also the airport owner and operator.
I (Bill Turk) am providing the following summary of today's trial as you requested. If you, or others, have any questions, please feel free to contact me (281-821-6309).
A jury trial was held today in Judge Tom Lawrence's court, Justice of the Peace, Precinct 4, Humble, Texas, to present possibly the first noise pollution case resulting from the most recent expansion of Bush Intercontinental Airport (IAH). The case, Simmons and Simmons versus the City of Houston, was heard by a jury consisting of 3 women and 3 men.
The Simmons, who live almost 3 miles from the new runway that was placed in service October 31st, 2003, filed the suit against the City of Houston as a result of the significant increase in noise they have been exposed to at their residence. Using the venue of Judge Tom Lawrence's "Small Claims Court," the Simmon's requested compensation from the City of Houston to allow some soundproofing to their residence.
After hearing both the Simmons' and the City of Houston, the jury deliberated for approximately one hour before reaching a unanimous verdict awarding the Simmons a total of $5000.00 plus court costs. This is the maximum award that can be made in a small claims court. The judgment will be signed today and the City of Houston has ten (10) days to appeal the verdict.
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