Nature of the Case
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Facts
Ps are the owners and in possession of 72 1/2 acres of real property in the city of Burbank. Without limiting said altitude or defining the upward extent of said stratum of airspace or of P's ownership, utilization and possession thereof, Ps allege that they * * * may reasonably expect now and hereafter to utilize, use and occupy said airspace and each and every portion thereof to an altitude of not less than 150 feet above the surface of the land * * *'. The reasonable value of the property is alleged to be in excess of $300,000. Ds are engaged in the business of operating a commercial airline, and daily, repeatedly and upon numerous occasions have disturbed, invaded and trespassed upon the ownership and possession of Ps' tract. Ds have operated aircraft in, across, and through said airspace at altitudes less than 100 feet above the surface; that Ps notified Ds to desist from trespassing; and that Ds have disregarded said notice. Ps sought an injunction and $90,000 damages in each of the cases.
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