Allegheny Airlines, Inc. v. Village of Cedarhurst
United States District Court for the Eastern District of New York
132 F. Supp. 871 (1955)
Relevant factsFree
The Village of Cedarhurst (defendant) enacted an ordinance banning flights below 1,000 feet over the village, and Allegheny Airlines and other carriers (plaintiffs) sued to have the ordinance declared unconstitutional; the village defended the ordinance in part by invoking the old common-law doctrine that land ownership extends indefinitely upward into the sky.
IssueFree
Whether a landowner owns only as much of the airspace above the ground as the landowner can actually use.