All American Airways Inc. v. Elderd

This is another round in the controversy between ten major commercial lines, the Port of New York Authority and others, and the Village and officials of Cedarhurst as to the legality of low flying from the near-by New York International Airport at Idlewild Field. In the original action the plaintiffs sought to have declared illegal and enjoined a village ordinance prohibiting low flying over the village, naming the village itself and its mayor and certain other officials as defendants. In their answer the individual defendants, in addition to defenses asserting the validity of the ordinance and the illegality of the plaintiffs acts, set forth two counterclaims, one against the Port of New York Authority for declaratory relief and one against the plaintiff air lines for an injunction against the low flying as trespasses, and the operation of a particular offending runway at the field as a nuisance. The counterclaims were asserted on behalf of these defendants individually as property owners in the village and on behalf of all other property owners and citizens of the village similarly situated. A year ago in sustaining the grant, D.C.E.D.N.Y., 106 F.Supp. 521, of an injunction pendente lite against enforcement of the ordinance, we took note of this counterdemand on behalf of property owners and its bearing as raising important questions under the doctrine of United States v. Causby, 328 U.S. 256, 66 S. Ct. 1062, 90 L. Ed. 1206, affording private property owners relief against the menace of continuously low-flying aircraft. We stated therefore that we should not then take the position taken below "of declaring the ordinance clearly invalid at this preliminary stage of the proceedings," but "In view of the importance of the interests involved and the potentially far-reaching effects of a decision, the case - including the counterclaim - should proceed to trial as rapidly as possible and decision should rest upon a complete record." All American Airways v. Village of Cedarhurst, 2 Cir., 201 F.2d 273, 276, 277.