The Tokyo High Court yesterday ordered the government to pay approximately 194 million yen in compensation for noise damage to residents living in the vicinity of the U.S. Air Force's Yokota base located across Fussa and other municipalities in Tokyo. A group of some 260 residents living near the base filed a class action lawsuit with the Tokyo District Court at its Hachioji branch against the state, seeking to suspend U.S. military aircraft's late night and early morning flights and to pay compensation for noise damage. The Tokyo District Court's Hachioji branch ordered the government to pay about 160 million in compensation for noise damage in the past. The Tokyo High Court rectified this court ruling of first instance. The high court upheld the district court's ruling that turned down the plaintiffs' demand for flight suspension and future damages.

Presiding Judge Hidetoshi Munemiya acknowledged the residents' right to claim for damages, noting that the noise damage is beyond the limits of tolerance and is unlawful. The high court ruling added about 34 million yen for noise damage during the period of time from the first instance trial's conclusion through the second instance trial's conclusion.

The high court ruling confirmed the district court's decision to dismiss the plaintiffs' appeal for flight suspension, stating that the U.S. military has base operational authority and it is inappropriate to demand state action for suspending U.S. military operations that are beyond the scope of Japan's claim.  

TOKYO SHIMBUN (Page 27) (Abridged); July 18, 2008