HENTHORN v. OKLAHOMA CITY

No. 41793.

453 P.2d 1013 (1969)

J.A. HENTHORN and Vera Henthorn, husband and wife, Plaintiffs in Error, v. OKLAHOMA CITY, a municipal corporation, Defendant in Error.

Supreme Court of Oklahoma.

April 29, 1969.


Attorney(s) appearing for the Case

Charles Hill Johns, Midwest City, James W. Bill Berry, Berry & Berry, Oklahoma City, William B. Shultz, Chickasha, for plaintiffs in error.

Roy H. Semtner, Municipal Counselor, James R. Fuson, Asst. Municipal Counselor, for defendant in error.


HODGES, Judge.

Question: Is it error to submit for determination of the jury the question of whether there has been a "taking" of an avigation or air easement by the defendant City of Oklahoma City where the uncontroverted evidence established daily, frequent, and continuous jet aircraft flights at an altitude of less than 500 feet over and across plaintiffs' land in the glide path of take off and landing at Will Rogers...

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