The San Diego Regional Airport Authority filed a lawsuit Tuesday against the Judicial Council of California, saying the three cranes used to build its downtown courthouse’s expansion pose a threat to planes landing at Lindbergh Field.
Airport officials say the cranes’ height could cause the diversion of flights in bad weather or even a "horrific plane crash."
In its 16-page lawsuit, the Airport Authority accuses the Judicial Council, its contractors and crane operators of creating a “hazard to air navigation” at its B Street construction site.
According to the document, the Federal Aviation Authority (FAA) approved one crane, not three, with a maximum height of 472 feet above ground level, appropriate markings and lighting on the equipment at night. Instead, the contractor put up three cranes that stand more than 650 feet above the ground and are not marked or lit correctly, the suit says.
FAA Public Affairs Manager Ian Gregor told NBC 7 the FAA's determination is a recommendation, but the agency does not have the authority to rule on local building matters.
San Diego’s Lindbergh Field forces pilots to make a steeper landing than at most airports because the terrain drops less than a mile from the runway. If they miss an approach, pilots must have enough space to quickly fly up again.
“Taller obstacles relative to the missed approach surface, such as the Cranes create an adverse hazard that could result in a horrific plane crash over downtown San Diego,” the suit states.
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If the cranes are not lowered, "substantial" cancellations and diversions from the airport will take place, officials say.
At a hearing Thursday, the Airport Authority sought a temporary restraining order on the expansion which, if granted, would stop work until two of the cranes are removed.
Lawyers for the construction company told the idea of a plane crashing because of the cranes was "salacious" and said it amounted to fear-mongering because pilots receive special notices about these kinds of potential hazards.
Project managers say without getting the height limit raised they can't complete the high rise and already they're experiencing costly delays as a result.
They've petitioned the FAA to raise the height limit to 580 feet and have agreed to lower the cranes until that happens.
Because they were in compliance Thursday, the judge didn't feel it necessary to issue the restraining order.
Judicial Council of California spokesperson Tersea Ruano emailed NBC 7 this response: "We're certain the issue will be resolved quite soon. The well-regarded contractors, Rudolph and Sletten, are being responsive to the situation."
Because of the cranes, the FAA has issued at least four warnings of potential hazards along the flight path to the airport.
“The forecasted El Nino conditions, including increased fog and cloud cover, will exacerbate the problem of pilots being able to see the Airport runway from 1.5 miles out,” the lawsuit says.
Gregor said two weeks ago, the developer applied to put up three cranes that reached 695 feet. As the FAA reviewed the application, the company put up the cranes anyway, according to Gregor.
Construction on the more than $500 million courthouse expansion is scheduled to wrap up in October 2016. When finished, the courthouse will stand 389 feet above ground level.
