ELR Citation: ELR 20183
No(s). 71 CH 402 (Ill. Cir. Ct. Jul 13, 1972)

A county zoning ordinance attempting to regulate the flight patterns and restrict the weight of aircraft using a privately-owned airport is declared unconstitutional and its enforcement is permanently enjoined. The Federal Aviation Act of 1958 shows Congress' intent to give the federal government, acting thru the FAA, complete and exclusive sovereignty of the air space of the United States. The ordinance is an attempt to exercise local police power in an area preempted by federal law and violates the supremacy clause contained in Article VI of the Constitution of the United States. The court relies heavily on Lockheed Air Terminal v. Burbank (2 ELR 20145).

Counsel for Plaintiffs
Robert Sarnoff
Office of State's Attorney of Cook County
160 North LaSalle St.
Chicago, IL 60602

Counsel for Defendants
Charles J. O'Connor
Arvey, Hodes & Mantynband
One North LaSalle St.
Chicago, IL 60602