Henthorn v. Oklahoma City

HODGES, Judge.

Question: Is it error to submit for determination of the jury the question of whether there has been a “taking” of an avigation or air easement by the defendant City of Oklahoma City where the uncon-troverted evidence established daily, frequent, and continuous jet aircraft flights at an altitude of less than 500 feet over and across plaintiffs’ land in the glide path of take off and landing at Will Rogers Municipal Airport? We hold it is not.

Plaintiffs are the owners of a 160 acre tract of land located between 1½ and 2 miles north of the north boundary of Will Rogers World…