Summary
In Partlow, the national air space defense was before this court, which allowed the writ of mandamus on authority of Royal and Griggs v. Allegheny (1962), 369 U.S. 84.
Summary of this case from State, ex Rel. Bower, v. ColumbusOpinion
No. 69-342
Decided April 1, 1970.
Appropriation of property for public use — What constitutes "taking" — Low and frequent airflights interfering with enjoyment of land.
IN MANDAMUS.
This is an action in mandamus originating in this court.
Relators, all property owners or prior property owners in the Wonderland Addition of the city of Columbus, seek to compel respondents to institute appropriation proceedings for the purpose of compensating them for certain property rights allegedly taken from them by the operation of the Columbus International Airport.
Relators allege that aircraft using the runway make frequent and low level flights, which flights interfere with and destroy the usefulness and value of their property, and that the respondents, because of such flights, appropriated a public easement in their property. Their properties are located in substantially the same places with respect to operation of the Columbus Airport as were the properties of relators in State, ex rel. Royal, v. Columbus (1965), 3 Ohio St.2d 154, 209 N.E.2d 405, certiorari denied, 383 U.S. 925.
Mr. Joseph S. Deutschle, Jr., and Mr. James C. Britt, for relators.
Mr. John C. Young, city attorney, Mr. William J. Melvin, Mr. William G. Huggins and Mr. Thomas A. Bustin, for respondents.
The writ of mandamus is allowed on the authority of State, ex rel. Royal, v. Columbus (1965), 3 Ohio St.2d 154, 209 N.E.2d 405, and Griggs v. Allegheny County (1962), 369 U.S. 84, 7 L. Ed. 2d 585.
Writ allowed.
LEACH, O'NEILL, SCHNEIDER, HERBERT, DUNCAN and CORRIGAN, JJ., concur.
CHIEF JUSTICE TAFT participated in this case which was, however, decided after his death.
LEACH, J., of the Tenth Appellate District, sitting for MATTHIAS, J.