Legal Opinion

Lester B. Davis and Marjorie W. Davis v. United States

United States Court of Claims

Decided November 1, 1961No. 99-59PublishedCited by 20 opinions

1Opinion of the Court

LARAMORE, Judge.

Plaintiffs’ claim is founded upon frequent flights at unreasonably low levels of large numbers of jet B-52 bombers and KC-135 jet tankers owned and operated by the defendant in conjunction with its use of Fairchild Air Force Base located in Spokane County, Washington. Plaintiffs claim that said flights were so numerous, low and noisy, that they have amounted to a substantial taking of their property and have severely depreciated the market value of said property, rendering it totally valueless as an owner-occupied farm.

On the other hand, the defendant contends that the taking…

2Cases cited8 opinions

  1. United States v. CausbySupreme Court of the United States · 1946
  2. Matson v. United StatesUnited States Court of Claims · 1959
  3. Matson v. United StatesUnited States Court of Claims · 1959
  4. Highland Park Inc. v. United StatesUnited States Court of Claims · 1958
  5. Highland Park, Inc. v. United StatesUnited States Court of Claims · 1958

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3Cited by20 opinions

  1. Lengen v. United StatesUnited States Court of Federal Claims · 2011
  2. City of Austin v. Travis County Landfill Co.Texas Supreme Court · 2002
  3. Grace E. Avery v. The United StatesUnited States Court of Claims · 1964
  4. Lacey v. United StatesUnited States Court of Claims · 1979
  5. Jensen v. United StatesUnited States Court of Claims · 1962

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