Benton v. Savannah Airport Commission

Johnson, Presiding Judge.

Mary Benton and her daughter Rebecca Benton own real estate located next to the Savannah International Airport. They sued the Savannah Airport Commission, alleging that increased air traffic and noise at the airport had damaged the value of their property. In their lawsuit, the Bentons asserted several claims, including an inverse condemnation claim under state law and a claim for the taking of property without just compensation under 42 USC § 1983.

The trial court dismissed the § 1983 claim as not ripe for adjudication and later entered summary judgment against the…