JOHNSON v. AIRPORT AUTHORITY OF CITY OF OMAHA

No. 35069.

115 N.W.2d 426 (1962)

173 Neb. 801

Kenneth M. JOHNSON and Ruth Marie Johnson, Appellees, v. AIRPORT AUTHORITY OF the CITY OF OMAHA, Appellant.

Supreme Court of Nebraska.

May 25, 1962.


Attorney(s) appearing for the Case

Herbert M. Fitle, Bernard E. Vinardi, Irving B. Epstein, Frederick A. Brown, Benjamin M. Wall, Edward M. Stein, Steven J. Lustgarten, Omaha, for appellant.

Marchetti & Samson, Omaha, for appellees.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.


YEAGER, Justice.

This action was originally instituted in the county court of Douglas County, Nebraska, by the Airport Authority of the City of Omaha, a municipal corporation, which will be referred to herein as appellant, to condemn airspaces over lands in the vicinity of an airport operated by the appellant and to condemn obstructions within the designated airspaces. This was done pursuant to power regularly granted to it by section 3-204, R.R.S.1943, and in accordance...

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