Atkinson v. Bernard, Inc.

223 Or. 624 (1960)

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Nature of the Case

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Facts

Airport began operation in 1918. The present runway is 2,500 feet long and services mainly single engine noncommercial aircraft. In 1948, a suburban residential area was developed directly north of the airport. During fair weather, most of the flights take off to the north over these homes. P alleged a nuisance from such overflights varying from 50-300 feet over their homes. P sought an injunction, and it was granted but only to certain types of aircraft; those making more noise than a Piper Tri-Pacer 135 HP. Both parties appealed.