Legal Opinion
County of Westchester v. Town of Greenwich
Court of Appeals for the Second Circuit
Decided January 26, 1996No. Nos. 90, 198 and 236; Docket 95-7010, 95-7096, 95-7440PublishedCited by 2 opinions
1Opinion of the Court
WINTER, Circuit Judge:
The County of Westchester appeals from Judge Goettel’s grant of summary judgment dismissing its public nuisance claim against various landowners in Connecticut, including the Convent of the Sacred Heart. The County claims that trees growing on appel-lees’ property constitute a public nuisance because they intrude into airspace so as to limit the usable length of Westchester County Airport Runway 11/29. We affirm Judge Goettel’s grant of summary judgment. As a result, we need not reach Sacred Heart’s protective cross-appeal claiming inverse condemnation.
BACKGROUND
Although…
2Cases cited13 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. CausbySupreme Court of the United States · 1946
- Griggs v. Allegheny CountySupreme Court of the United States · 1962
- State v. Tippetts-Abbett-McCarthy-StrattonSupreme Court of Connecticut · 1987
- Filisko v. Bridgeport Hydraulic Co.Supreme Court of Connecticut · 1978
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3Cited by2 opinions
- United States v. Díaz-BermúdezCourt of Appeals for the First Circuit · 2015
- County Of Westchester v. Town Of GreenwichCourt of Appeals for the Second Circuit · 1996