Harold I. Tibbs and Virginia A. Tibbs v. Harold I. Tibbs and Virginia A. Tibbs v.

Harold I. Tibbs and Virginia A. Tibbs v‪.‬

ID.15162; 603 P.2d 1001; 100 Idaho 667 (1979)

    • € 0,99
    • € 0,99

Beschrijving uitgever

On August 14, 1975, the plaintiffs Harold and Virginia Tibbs commenced an action against the City of Sandpoint and Bonner County seeking compensation for the reduction in value of their property which they claimed resulted from the expansion of an airport owned and operated jointly by the defendants. The airport was adjacent to the plaintiffs' land. It had been there since 1949, but the air traffic had not previously affected the use and enjoyment of plaintiffs' property. In 1972 the runway was extended an additional 730 feet so that at its nearest point it came within about 1 1/2 feet of plaintiffs' fenceline. The plaintiffs allege that as a result of the extension of the runway the airport is now being used more frequently and by larger and noisier airplanes which have been flying over their property at much lower altitudes. At the trial plaintiffs presented evidence in support of these allegations. Testimony was offered to show that the airplanes had an adverse effect upon livestock and prevented the plaintiffs from using the land nearest the airport for pasture. There was also testimony that low flights interfered with the farming of the property. There was further testimony that plaintiffs' property had been previously suited for rural residential use but now was not suitable for residences of any type, and it was doubtful that any structure could be built on the portion of property most affected by the air traffic.

GENRE
Professioneel en technisch
UITGEGEVEN
1979
6 december
TAAL
EN
Engels
LENGTE
10
Pagina's
UITGEVER
LawApp Publishers
GROOTTE
63,1
kB