Schwab v. Pottstown Borough

Opinion by

Mr. Justice Cohen,

This is an appeal from the refusal of the court below, sitting in equity, to grant a preliminary injunction restraining appellee borough from proceeding with the condemnation of land needed for the improvement of the Pottstown municipal airport under a federal and state air program.

Appellant’s property is adjacent to the airport and lies in the path of the clear zone approach area of the runway. In order to obtain flight rights over appellant’s land, the borough, under its powers of eminent domain, condemned a portion of the property. The gravamen of appellant’s…