Thornburg v. Port of Portland

I am unable to agree with the majority’s views of the law of eminent domain. It should be noted that to reach a reversal of the judgment of the trial court, the majority rely upon the law of nuisance. The majority seem to admit that this has never been the law of this state, but argue that it should be. So far as I have been able to ascertain, no jurisdiction whose constitution reads as does ours has ever sustained such a proposition.

In substance, plaintiffs’ assignments of error are, (1) the trial court refused to submit to the jury as evidence of a taking, evidence that airplanes did travel…