Legal Opinion

The CARROLL AIRPORT COMMISSION, Appellee, v. Loren W. DANNER and Pan Danner, Appellants.

Supreme Court of Iowa

Decided May 10, 2019No. 17-1458PublishedCited by 19 opinions

1Opinion of the Court

WATERMAN, Justice.

In this appeal, we must determine the legal effect of a "no hazard" letter issued by the Federal Aviation Administration (FAA) to a farmer who built a twelve-story grain leg (bucket elevator) near an airport. The structure intrudes sixty feet into airspace restricted for aviation. Construction was well underway when a member of the local airport commission cried foul. The airport commission informed the farmer he needed a variance and refused to grant one, without waiting for input from federal officials. Shortly thereafter, the FAA investigated and granted a no-hazard…

2Cases cited41 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Gibbons v. OgdenSupreme Court of the United States · 1824
  4. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  5. Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000

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3Cited by19 opinions

  1. Bradshaw Renovations, LLC v. Barry Graham and Jacklynn GrahamSupreme Court of Iowa · 2025
  2. City of St. Lucas v. Dennis Herbert LangreckCourt of Appeals of Iowa · 2019
  3. Estate of John K. Freiburger v. Phil MausserCourt of Appeals of Iowa · 2025
  4. Farmers Feed & Grain Company, Inc. v. Wayne MladyCourt of Appeals of Iowa · 2026
  5. Francis Livingood, Christoper Maury, and Daniel Robbins v. City of Des Moines, IowaSupreme Court of Iowa · 2023

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