Riggs v. Burson

OPINION

ANDERSON, Justice.

We granted this appeal to decide whether a state statute 1 prohibiting the use of land for a heliport within nine miles of the boundary of a national park is constitutional and, if so, whether it is preempted by federal law.

The trial court held the statute was constitutional and was a regulation of the use of land and therefore was not preempted by the Federal Aviation Act. The court, therefore, dismissed the plaintiffs’ action to enjoin enforcement of the statute. The Court of Appeals reversed, deciding that it must accept as true the complaint’s legal conclusions as…