Opinion & Analysis
Trump sues Palm Beach County for $100 million
Donald Trump reportedly filed a lawsuit for $100 million against Palm Beach County alleging that the county’s airport is intentionally directing planes over his club at Mar-a-Lago.
The lawsuit is claiming that the county’s airport directors have pressured the Federal Aviation Administration to have air traffic controllers “deliberately and maliciously” direct almost all flights due east, including Trump’s plane, to fly directly over Mar-a-Lago.
Mar-a-Lago, which is only 10 minutes away from Trump International Golf Club West Palm Beach, was built in 1927 and is listed as a National Historic Landmark. Trump purchased the property in 1985 and reopened 10 years later after extensive renovations. Vibrations from the constant air traffic are supposedly causing irreparable damage the building’s antique tiles, roofing and foundation.
Trump may actually have a valid case for Private Nuisance, a tort claim in civil court. Under common law, a nuisance is an interference with a person’s use and enjoyment of his/her land. To win a private nuisance claim, Trump will have to show that the Palm Beach County either intentionally, negligently, or recklessly interfered with his enjoyment of the land or that Palm Beach County continued to send planes over the property after learning of the actual harm or substantial risk of future harm to the buildings structure.
This may actually be possible since this is the third time Trump sued the county for airplane noise. Trump first filed suit in 1995 which resulted in the county agreeing to lease Trump the land that was turned into Trump International Golf Club. He also sued in 2010 against the county alleging vibration damage to Mar-a-Lago which was later dismissed. These prior legal actions may be enough to show that Palm Beach County was aware of the potential damage air traffic may cause to Mar-a-Lago.
If a court does determine that Palm Beach County directed more planes over Mar-a-Lago with knowledge of the potential damage it may cause, Trump will then have to show that damage to Mar-a-Lago is substantial enough that it would offend an ordinary member of the community with normal sensitivity and temperament. It’s not a hard sell to say that an ordinary person would be offended by the continued damage to their antique building that is now used as an expensive private club.
Assuming that the court does find that the damage to Mar-a-Lago is substantial, it will then look to the reasonableness of the county’s conduct and balance the gravity of the harm to the usefulness of the conduct. This will be the stage in the case, assuming it goes to trial, where Trump will spare no expense bringing in air traffic control experts to show that the Palm Beach County Airport’s tactics are outside the standard practice by positioning all flights to fly directly over the piece of land where Mar-a-Lago sits.
There is still a good chance that this case may not go to trial; Palm Beach County Attorney’s have yet to be served with the complaint. If it does get all the way to a jury, don’t be surprised to see Trump win.
This past Monday, I played in the U.S. Amateur local qualifier at Rock Creek Country Club in Portland, Oregon. A full tee sheet from 7:30 a.m. to 1:55 p.m., the top 11 scores would make it to the U.S. Amateur final qualifying.
I teed off at 10:48 a.m.. With the 7:30 am tee time, you can get a feel for the leaders’ pace, and they were off and running on the challenging setup at Rock Creek.
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Getting to the highlight of the round on the par five 17th, a drive up the left side and 212 yards left to the front hole location. I took out a 5-iron with plans of middle of the green. The ball ended up 8 feet left of the hole, pin high. A slight downhill putt dropped in for an eagle 3 on the 17th. With the cut line looking to be anywhere from -2 to even par. This was the boost I had been waiting for all day.
With making par from the trees on 18, it was time to wait for a potential playoff with a posted score of one under par 71.
Three hours later, it was playoff time. 8 players for 6 spots. I made par on the playoff hole, which was good enough to advance to the U.S. Amateur final qualifying in July. USGA qualifiers sure deliver on all of the emotions in golf!
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Mark
Jan 17, 2015 at 8:48 am
Is Donald Trump the most obnoxious and arrogant man in history?
leftright
Jan 14, 2015 at 10:36 pm
I hope he wins because Palm Beach Country is a bastion of progressive elitist wealth, old money and blue haired arrogance. I didn’t leave anything there and hopefully they will drown in their wealth.
EdJ
Jan 14, 2015 at 6:58 pm
Big Question….Have traffic patterns recently changed? If so why?
gm
Jan 14, 2015 at 4:54 pm
he’s a smart guy…he should have thought this out before he bought the course. he now has to deal with the consequences. Its no different then people who complain about golf balls flying into their homes when they live on golf courses. Hey stupid ! you bought the house near landing zones for golf balls…its your problem, not the golfer.
But this is typical Trump. Loves to here his own B.S. out of his mouth. And has anything that Trump has bought sucked ? NEVER, right !! Its amazing how whatever he touches is golden ! blowhard
marcel
Jan 14, 2015 at 8:05 pm
ahh i like your logic – so golfer is not responsible for shooting a ball at the house. its the house at fault. whats your handicap?
gm
Jan 15, 2015 at 9:14 am
maybe my last reply was too harsh for you Marcel…… so just in case the admin doesnt like my rhetoric, i will try again.
Why you feel handicap has anything to do with anything, im amazed but you think it matters…its 2.1
NOW to reiterate,
How do you explain McIlroy’s pull hook into the house at the masters a few years back. Are you saying you have never missed a fairway ??? if you truly read my post, but you probably didnt based on your response, people who buy homes on golf courses (or buy courses next to airports, in trumps case) should have to suffer the consequences…I.E. airport noise…. golf balls hitting houses…… now do you get it ???????
ken
Jan 22, 2015 at 9:11 pm
That’s the question. Did KLNA change its departure pattern so that the predominant departure path is over the Trump property.
One must remember. Palm Beach is loaded with old money limousine liberals…..
Donald Trump is a hard working successful conservative.
Do the math
Primo
Jan 14, 2015 at 10:49 am
Trump is a bully, plain and simple. He’s leveraging for something he wants. The lawsuit is silly and wastes taxpayer dollars. But, Trump cares and is aware of only Trump at all costs. I guess he missed the Business Ethics course @ Wharton…
leftright
Jan 14, 2015 at 10:33 pm
He didn’t go to Wharton, perhaps that is why he is worth billions instead of running some fly by night.
JT
Jul 5, 2015 at 1:54 pm
He did go to The Wharton School at Pennsylvania.
Jim
Jan 14, 2015 at 9:27 am
Seeing as how Mar-a-Lago was built in 1927, I think it was there LONG before the international airport was built.
Steve
Jan 13, 2015 at 3:03 pm
trump is just pissed he is losing money at that course. I live in Palm beach and know caddies for his course and there is no work there, course is dead. As much as he will tell you his golf business is doing great. He said the same with his casino business.
leftright
Jan 14, 2015 at 10:34 pm
Maybe there are too many caddies.
Double Mocha Man
Jan 13, 2015 at 10:04 am
Not a word in the article about the prevailing winds. Generally, for safety reasons, planes take off and land into the wind.
Nice
Jan 13, 2015 at 10:19 am
I think Trump can afford a lawyer that would have considered that defense.
ca1879
Jan 13, 2015 at 12:04 pm
Which has nothing to do with filing a suit. It’s all about applying pressure to gain advantage in the eventual resolution. They’ll say weather, Trump will say malice, untrained judge will rely on expert testimony which will conflict. The decision will come down to who tells the best tale. It’s unlikely to see a final decision unless one side or the other appears to have a slam dunk.
Swang'nThemClubs
Jan 13, 2015 at 2:24 am
Buy property near an airport and then complain about the noise that comes along with having property near an airport…
other paul
Jan 14, 2015 at 2:27 pm
I lived close to an airport for a years, and a police friend of mine said that there is a lady who calls in and complains about noise 2 times per day. Every day.
That guy
Jan 12, 2015 at 11:47 pm
it is possible to land and take off on a runway facing a different directions. Taxiing. Circling.
BAF
Jan 13, 2015 at 9:16 pm
Airplanes take off and land into the wind. That’s how airplanes work. When there’s no wind, there’s a preferred runway, which is the only thing that is up for debate. I’ve flown into and out of PBI in both directions, but that close to the water there is rarely a calm day.
BAF
Jan 12, 2015 at 10:59 pm
Pull up Palm Beach Intl and Mar-a-Lago on Google maps. His club is due east of the east-bound runway. Having taken off from this airport many, many times, pilots aren’t even connecting to departure by the time their aircraft is over his club. What does he want them to do? He bought the airport knowing full well it was VERY close to a mid-sized airport which handles jet aircraft, one of which is his very own 727. The only self-serving egotistical person here is the Donald.
BAF
Jan 12, 2015 at 11:00 pm
Oooops…I meant bought the club knowing full well….
Double Mocha Man
Jan 13, 2015 at 10:02 am
There’s the solution! Trump should just buy the airport!
ken
Jan 22, 2015 at 9:14 pm
Yeah…That’s nice…The problem in your statement is that the airport in question is Palm Beach County Airpark ( KLNA) ….NOT Palm Beach Int’l (KPBI)
Bob Smoth
Jan 12, 2015 at 10:15 pm
I hope Trump does win. Sometimes the people that sit on these city councils that implement and make decisions have their own prejudices towards people, Unfortuately most people don’t pay enough attention to these things. I’m glad Trump is standing up to these self serving egotistical people.
RG
Jan 13, 2015 at 3:38 pm
“I’m glad Trump is standing up to these self serving egotistical people.” Yes Donald Trump “Champion of The Little Guy.” I’m feeling pukey…