Roosevelt Field, Inc. v. Town of North Hempstead

BYERS, District Judge.

This is an equitable action, commenced February 9, 1949, in which the plaintiff seeks an injunction against the maintenance of a village water-supply tower, upon the theory that it is an aeronautical hazard and a public and private nuisance.

As to the alleged nuisance, no evidence has been offered on behalf of the public, and the plaintiff’s right to assert that the tower is such with respect to itself and its lessees, rests upon such proof as it has submitted concerning the alleged aeronautical hazard.

The case comes down to the question of whether the plaintiff has…