Allegheny Airlines, Inc. v. Village of Cedarhurst

132 F. Supp. 871 (1955)

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Allegheny Airlines, Inc. v. Village of Cedarhurst

United States District Court for the Eastern District of New York
132 F. Supp. 871 (1955)

SC

Facts

The Village of Cedarhurst (defendant) enacted an ordinance prohibiting flights below 1,000 feet in the airspace above the Village. Allegheny Airlines, Inc. and several other airlines (plaintiffs) sued the Village, claiming that the ordinance was unconstitutional and void. The Village based its defense in part on the doctrine that the ownership of land includes everything above the surface, all the way to the sky.

Rule of Law

Issue

Holding and Reasoning (Bruchhausen, J.)

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