Longmont declines to join Superior airport noise appeal before Colorado Supreme Court

The Longmont City Council voted unanimously Tuesday night to decline a request from the town of Superior to support its appeal to the Colorado Supreme Court in a long-running lawsuit over aircraft noise from Rocky Mountain Metropolitan Airport.

The decision comes about a week after the council met in a closed-door executive session to receive legal advice regarding Superior’s request that Longmont join an amicus brief supporting the appeal.

Councilmember Jake Marsing moved to adopt the city’s proposed response to Superior, and the motion passed 7-0 after a brief discussion.

Superior is seeking Colorado Supreme Court review of a Colorado Court of Appeals decision that found federal law prevents courts from ordering Rocky Mountain Metropolitan Airport to restrict aircraft operations because regulation of air traffic falls under the authority of the Federal Aviation Administration.

Superior and Boulder County sued the Jefferson County-owned airport in 2024, arguing that training flights create excessive noise and lead emissions for nearby communities. While a district court dismissed the lawsuit in 2025, the Court of Appeals this year revived part of the lead contamination claim while upholding the dismissal of the noise-related claims.

In the statement adopted Tuesday, Longmont acknowledged it has also heard complaints from residents about airplane noise and said the city takes those concerns seriously. However, the statement said, Longmont’s position differs from neighboring communities because it owns and operates Vance Brand Airport.

“The city believes that local control over airport operations is important and these rights should not be taken by the courts,” the adopted statement reads. The city also said it is continuing efforts to address noise concerns through voluntary measures, including updates to its voluntary noise abatement procedures and a voluntary saturated pattern policy that limits the number of aircraft in the traffic pattern.

Mayor Susie Hidalgo-Fahring also noted the city is continuing discussions about its long-term vision for airport operations.

The statement leaves the door open for future collaboration with regional partners and the FAA but concludes that Longmont will not file an amicus brief with the Colorado Supreme Court at this time.

Before the vote, Councilmember Matthew Popkin asked City Attorney Eugene Mei to clarify for residents who, exactly, had provided legal advice to the council during the executive session. Mei said Longmont’s outside aviation counsel did not advise the city because that firm is representing Jefferson County in the appeal and therefore has a conflict of interest. Instead, the council received advice solely from the city’s legal staff.

Longmont’s decision contrasts with those of neighboring Lafayette and Louisville, whose city councils have approved joining an amicus brief supporting Superior’s petition. Broomfield has also indicated support for the effort.