Burgess v. Omahawks Radio Control Organization

Plaintiffs-appellants, Robert H. Burgess and Maria Burgess, filed this action seeking to permanently enjoin the defendants-appellees, Omahawks Radio Control Organization (Omahawks), a nonprofit Nebraska corporation, and Louise Field Prugh, from, operating a radio-controlled model aircraft flying site at 172d and Ida Streets in western Douglas County, Nebraska. Plaintiffs occupy a neighboring property and allege that the defendants’ activities constitute both a private noise nuisance and a violation of the zoning ordinances of the city of Omaha. After a trial the lower court dismissed…