Comes v. City of Atlantic

TERNUS, Justice.

The plaintiff, James Comes, owns property that adjoins the City of Atlantic’s airport. Concerned that the City would prematurely condemn a portion of his land for a proposed expansion of the airport, he instituted this action seeking an injunction against the City’s condemnation of his property until the City had obtained all the approvals, permits, and funding required for the project. After trial, the district court entered a permanent injunction against the City that could be dissolved only upon proof that the necessary funding had been approved by the Federal Aviation…