ATKINSON v. Bernard, Inc.

The defendant operator of a small airport appeals, and the plaintiff landowners cross-appeal, from a decree of the circuit court enjoining part, but not all, of the flights from the airport over the lands of the plaintiffs. The parties will be referred to in this opinion as the Airport and the plaintiffs.

In 1918 the Airport commenced operation about one mile north of the city center of Beaverton. The Airport serves mainly single-engine, non-commercial aircraft of the type commonly flown for business and pleasure by persons having private licenses as distinguished from larger aircraft found in…