Atkinson v. Bernard, Inc.
Oregon Supreme Court
223 Or. 624, 355 P.2d 229 (1960)
- Written by Eric Miller, JD
Facts
A suburban residential area was developed just north of a small, private airport owned by Bernard, Inc. (defendant). Residents of the suburb were disturbed by the sounds of takeoffs and landings, including flights in the early morning. A large group of homeowners (plaintiffs) sought an injunction against flights taking off to the north. The evidence presented to the trial court lacked objective data on the planes’ decibel levels as they flew over the suburb. The trial judge granted an injunction against flights by aircrafts that made more noise than a specific model: the 1954 Piper Tri-Pacer 135 HP. Bernard appealed. The Oregon Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Goodwin, J.)
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