Cortese v. United States

KENNEDY, Circuit Judge:

We consider, in the appeal before us, whether principles of California real property law control this ease and whether the government may enforce restrictions on certain real property. We further address whether it was error for the trial judge to take a view of the property in the . circumstances described below. We affirm in part, reverse in part, and remand for further proceedings.

The subject matter of the suit is a 4,000-foot-wide strip, containing about 170 acres, beneath the extended center line of the approach corridor to the main runway of the United States…