ELR Citation: ELR 20183
No(s). C70-825 (N.D. Ohio Feb 23, 1971)

Private Ohio airport cannot obtain injunction against construction of 600-foot smokestack on nearby property despite interference with landings at three runways. Interference with plaintiff's use of defednat's property not nuisance. Defendant landowner owns at least as much of the space above his ground as he can occupy or use in connection with the land. No prescriptive easement acquired by plaintiff through previous use of airspace, because defendant could not have used space itself. FAA cannot, through its power to assign airspace to competing interest, confiscate easements in private property without compensation.

Counsel for Plaintiff:
Phillip A. Ranney
Schneider, Smeltz, Huston & Bissell
1525 National City Bank Building
Cleveland, OH 44114
(216) 861-7400

Counsel for Defendant:
George Meisel
Squire, Sanders & Dempsey
1800 Union Commerce Bldg.
Cleveland, OH 44115
(216) 696-9200

Theodore A. Gullia, Jr.
Hanna Bldg.
Cleveland, OH 44114
(216) 241-6666

Paul A. Granzier
Cleveland Electric Illuminating Co.
Cleveland, OH 44114
(216) 252-7199