All American Airways, Inc. v. Village of Cedar-Hurst

CLARK, Circuit Judge.

This is an appeal from a district court grant of an injunction pendente lite, which restrains enforcement of an ordinance of the Village of Cedarhurst prohibiting aircraft, inter alia, from flying over the Village at altitudes lower than 1,000 feet until termination of an action seeking injunctive and declaratory relief. The court found the ordinance invalid as conflicting with congressional legislation, and regulations issued pursuant thereto, enacted under its constitutional power to regulate commerce; it held further that enforcement of the ordinance threatened the…