Williams v. SUPERIOR COURT, IN & FOR CTY. OF PIMA, ETC.

(dissenting) :

I dissent from the position taken by the majority and I would reverse the decision of the trial court and direct that judgment be entered in favor of Petitioners dismissing the action filed by the Respondent.

The opinion of the Court of Appeals in this cause, 489 P.2d 854, in my view ably states the correct principles of law governing this case. I fully agree with Judge Howard, the author of the opinion, when he states:

“From the broad scope of federal statutes and regulations governing and controlling the use of airspace and air traffic, we conclude that Congress intended to…