ELR Citation: ELR 20470
No(s). Civ. 12175 (D. Conn. Jul 30, 1971)

City of New Haven, which operates airport built with federal funds and operated under National Airport Plan, is liable under "inverse condemnation" theory for property damage to residents over whose property jet planes fly causing soot, noise and vibrations. New Haven not liable to those property holders where similar damage results but over whose property the planes do not fly directly. United States v. Causby, 328 U.S. 256 (1946); Griggs v. Allegheny County, 369 U.S. 84 (1962). No similar liability attaches to commercial airlines that fly patterns dictated by FAA. City not liable for trespass, which is embraced in "taking" theory of "inverse condemnation." New Haven not liable to plaintiff East Haven for failure to disclose in application for federal aid that East Haven allegedly objected to airport project. Further hearing ordered to determine measure of damages. Injunction against continued use of airport denied since that would be inequitable to city and travellers. Nuisance theory not pertinent to public airport facility under National Airport Plan.

Counsel for Plaintiffs:
Anthony V. DeMayo
Cohen & DeMayo
109 Church Street
New Haven, CT 06510
(203) 865-0593

Counsel for Defendants:
William R. Murphy
Louis M. Winer
Tyler, Cooper, Grant, Bowerman & Keefe
205 Church Street
New Haven, CT 06510
(203) 777-6231

Thomas F. Keyes, Jr.
205 Church Street
New Haven, CT 06510
(203) 787-2239

Rober J. Frechette
215 Church Street
New Haven, CT 06510
(203) 865-2113

Robert M. Beckman
Suite 235
1001 Connecticut Avenue, NW
Washington, DC
(202) 638-6050