Judging the Judge Who Judged El Toro Airport

Re “O.C. Rebel in a Robe Not Afraid of a Fray,” Aug. 26:

Judge James Gray notes that “Some people basically look for conspiracies on anything” in protesting the criticism of his order throwing out the most recent anti-airport petitions.

As a psychiatrist, I appreciate that the “rebel” judge may sincerely harbor the delusion that he is free of biases. However, his residency in Newport Beach and his having been the recipient of campaign contributions from airport advocates raises, at the very least, the appearance of impropriety.

The judge’s posturing in criticizing the county as a preamble to his decision appears to be little more than subterfuge. His only words or actions that have any meaning are in his ruling in favor of the pro-airport special interests.

On the subject of conspiracies, there is little question that the special interests’ single-minded drive to ram through the airport has been a massive conspiracy from the start. One need look no further for evidence than the pro-airport supervisors’ decision not to appeal Judge Gray’s ruling.

I can attest to the outrage being felt throughout South County at this most recent attempt to thwart the will of the people. But we are encouraged by the recent action of the San Diego appellate court in staying Gray’s action and are optimistic that the court will restore confidence in the judiciary.

Robert Kovan

Dana Point

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Judge Gray is quoted as being “wounded” by criticism that his living in Newport Beach might have biased his judgment in throwing out the anti-airport initiative petitions. Why did a judge who lives in Newport Beach, the city leading the fight for a commercial airport at El Toro, decide the case when Orange County’s 4th District Court of Appeal recognized it shouldn’t hear the appeal and sent the case immediately to San Diego?

Under the California Code of Civil Procedure, should Gray not have recused himself? Is living in an area affected by John Wayne Airport traffic not such a fact?

A direct or indirect financial interest (for example, property values, which have been shown to be affected by being under a flight path) may also be pertinent. Also, the following is a standard applicable to whether a judge is qualified to sit: If a reasonable person, aware of all the facts, would fairly entertain doubt concerning a judge’s impartiality, disqualification is mandated and existence of actual bias is not required.

Small wonder “both sides were shocked” by Gray’s ruling, because it flew in the face of established law and precedent.

We don’t need rebels in robes on the bench. Rather, we should be lionizing the many dedicated judges who understand that confidence in the judicial system rests on having their cases decided on the basis of statutory law and legal precedent, not on politics or whims of an individual who may be affected by a messiah complex.

Tristan Krogius

Monarch Beach

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I wish we could devise an El Toro airport initiative election in which voters must be qualified to obtain a “pro” or “con” ballot. Anyone who requested a “con” ballot who has ever used John Wayne Airport (either flying or to pick up a visitor) must wear a large red “H” pinned to their chest indicating flaming hypocrisy in the manner that Nathaniel Hawthorne’s Hester Pryne in “The Scarlet Letter” was compelled to never appear in public without wearing a large red “A.”

The “H” people feel free to jam their airport use onto a tiny, 500-acre facility with occupied buildings and homes within a stone’s throw of the runways but cannot tolerate the continued airport use of a 4,700-acre airport with an 18,000-acre noise buffer zone. Perhaps “hypocrite” is too kind an appellation, but I would appreciate the honesty and candor of those El Toro opponents who would wear the flaming red “H.” Hester wore her “A” defiantly and without apology.

Frankly, I think that many, if not most, of the El Toro opponents have been demagogued into frantic fear. I live under the approach path to John Wayne Airport. The airplanes that are turning toward the airport over my home are so low their landing gear is already down. The airplanes are so quiet I rarely notice them.

Alan Nestlinger

Santa Ana

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Re: “Emotions Running High Over El Toro Airport,” Aug. 26:

The weekly avalanche of letters from Newport Beach and Costa Mesa touting an airport at El Toro and attacking the “affluent” and “selfish” residents of South County appear to be written by a PR firm, not by the signers.

What is this 18,000-acre “buffer zone”? At what altitude would commercial jets fly over the 18,000 retired residents of Leisure World to reach it?

Under 1,500 feet, fixed-wing, commercial jets do not drop vertically into an airport. The $1.9-million simulation test conducted by the county in 1999 clearly demonstrated that a 747 jet landing from the south (the predicted landing path for more than 90% of all incoming flights) would make living here impossible.

We fought to keep the Marines at El Toro. They did not fly at night and were good and thoughtful neighbors. Under current law, a commercial airport at El Toro can have no limited hours of operation, no curfews. Pro-airport zealots know that if El Toro becomes a commercial airport, John Wayne will cease its commercial operations.

On one issue all knowledgeable aviation authorities agree: Two large commercial airports seven miles apart will never fly. Unfortunately, the three supervisors and their support groups refuse to acknowledge this obvious fact.

Dave Blodgett

Airport Site Coalition Study Group

Laguna Woods

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So my fellow South County residents had another NIMBY party recently. To summarize their position:

* The people who got their Orange County houses for a reduced rate because they were in the El Toro flight path now want to cash in when there will be no airport.

* Irvine and other South County residents want a “Great Park” close to their home, although I would wager that most have never visited the Irvine Lake Park in Orange.

* They are willing to allow 18,000 acres of land to be used for residential development that would be blocked from such development if an airport were built.

* They are willing to drive two hours (or more) round-trip for any flight that is longer than three hours.

The fact is, an airport is not “people vs. money”; it is a higher quality of life to work in industries that need global accessibility and less residential development.

Larry Stahl

Mission Viejo

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I attended the recent presentation by the county’s El Toro planning authority in Lake Forest. My question on aircraft noise that is averaged over a time period was not chosen to be asked of the presenters, and so I hope that someone will answer it:

Suppose I park my car in front of your house and honk the horn for 15 seconds every half-hour between midnight and dawn. Will I be able to argue that the average noise that I’m making is within the 65 CNEL noise limits and therefore I cannot be arrested for disturbing the peace?

Angelo Vassos

Irvine