Persyn v. United States

ORDER

MOODY R. TIDWELL, III, Judge:

This case is before the court on defendant’s motion for summary judgment and plaintiffs’ motion to strike defendant’s summary judgment evidence. For the following reasons, the court denies defendant’s motion in part and grants defendant’s motion in part. Plaintiffs’ motion to strike is dismissed as moot.

FACTS

I. Flight Activity

Plaintiffs own land adjacent to or near Kelly Air Force Base (KAFB)1 in San Anto*581nio, Texas. KAFB began operations in 1917 and is the oldest continuously active flying field in the United States Air Force (USAF). Since its inception, the…