Van Gilder v. City of Morgantown

The conclusion reached by the majority is contrary to the clear weight of authority and is also unsound in principle. It' incorrectly extends to a municipality the immunity of the State from liability and unjustly deprives the plaintiff of his clear right to compensation for the wrongful destruction of his property. I disagree with that conclusion and express my dissent.

Though there is some conflict in the decided cases in different jurisdictions, the prevailing weight of authority is that in the operation and the maintenance of an airport primarily as a commercial enterprise, a municipality…