Residents near F-35 base in Ørlandet denied Supreme Court appeal over noise complaints

The legal battle concerning noise complaints from residents near the F-35 fighter jet base in Ørlandet, Trøndelag, is moving forward, but not to the Supreme Court. Both the state and landowners sought a review by the Supreme Court, but their appeals have been unanimously rejected. This means the court will not address whether the residents are entitled to compensation, focusing instead on the issue of noise pollution and its effects on individuals and property values.

Around 200 landowners initiated the lawsuit against the government. Their attorney acknowledges the Supreme Court’s decision but expresses dissatisfaction with the outcome. The state, however, is pleased that the lower court’s ruling will stand, effectively exonerating the Department of Defense from compensation claims.

Since the Norwegian Parliament designated Ørlandet as the main base for the F-35s in 2012, the number of these aircraft has risen to 42, creating concentrated noise levels that differ significantly from the older F-16 jets. The plaintiffs argue that the intensified noise has adversely affected property values, while the state contends that increased aviation activity is a reasonable expectation for those living near military bases.

In earlier court proceedings, a select group of properties was chosen to represent the larger group of landowners, resulting in some compensation awarded in the lower courts, although subsequent appeals yielded less favorable results for the landowners.

With the appellate court’s ruling now final, negotiations for compensation related to noise disturbances are expected to commence for those whose properties are considered comparable to those that received compensation. The state is also required to settle awarded damages and legal fees from previous judgments.