Legal Opinion
G. W. Creel, of the Estate of Mrs. W. D. (Carolyn M.) Creel v. The City of Atlanta, Georgia
Court of Appeals for the Fifth Circuit
Decided August 20, 1968No. 25535PublishedCited by 27 opinions
1Opinion of the Court
EDENFIELD, District Judge.
The plaintiff, an owner of real estate adjacent to the Atlanta airport, filed his complaint alleging that the flight of jet aircraft across his residential property rendered it completely useless and dangerous for residential purposes and constituted a taking thereof within the meaning of the Fourteenth Amendment. Jurisdiction was based on the assertion of a federal question (28 U.S.C.A. § 1331) and the complaint prayed for damages but stated no jurisdictional amount. The complaint alleged that the acts complained of began when the defendant City extended its runways…
2Cases cited14 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- United States v. CausbySupreme Court of the United States · 1946
- Griggs v. Allegheny CountySupreme Court of the United States · 1962
- Woodside v. City of AtlantaSupreme Court of Georgia · 1958
- Floyd T. Stanturf v. Donald SipesCourt of Appeals for the Eighth Circuit · 1964
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Southwest Airlines Company v. Texas International Airlines, Inc. v. Texas Aeronautics Commission, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- Lillian Willene Miller and Bobby Joe Miller v. Fred Stanmore and Fred A. Frey, Warden, FciCourt of Appeals for the Fifth Circuit · 1981
- Catherine Walsh, Etc. v. Louisiana High School Athletic Association, Lutheran High School Association of Greater New OrleansCourt of Appeals for the Fifth Circuit · 1980
- Dahl v. City of Palo AltoDistrict Court, N.D. California · 1974
- Gregory A. Ahrensfeld and Mariluann H. Ahrensfeld, His Wife v. Donald StephensCourt of Appeals for the Seventh Circuit · 1975
22 more not listed; retrieve them via the Exa API.