Thornburg v. Port of Portland
Oregon Supreme Court
376 P.2d 100 (1962)
- Written by Eric Miller, JD
Facts
The Port of Portland (the port) (defendant), a government entity, owned and operated Portland International Airport. Thornburg (plaintiff) owned and resided in a house near two of the airport’s runways. Planes from one of the runways passed as close as 1,000 feet from Thornburg’s land. Thornburg sued the port in state court, arguing that the noise from the planes interfered with the quiet enjoyment of Thornburg’s property and constituted a nuisance. The port countered that the airspace above Thornburg’s property was public domain, leaving Thornburg with no right to protest or exclude the flights. The trial court conceived of Thornburg’s rights in the form of imaginary lines around Thornburg’s property, forming a cube exactly 500 feet high. The court held that Thornburg had no cause of action in the absence of trespass into that hypothetical cube. Thornburg appealed to the Oregon Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Goodwin, J.)
Dissent (Perry, J.)
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