CITY OF BLUE ASH v. McLUCAS

No. 77-3300.

596 F.2d 709 (1979)

CITY OF BLUE ASH, Ohio, Plaintiff-Appellant, v. Dr. John L. McLUCAS, Administrator, Federal Aviation Administration and Federal Aviation Administration, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 17, 1979.


Attorney(s) appearing for the Case

Robert T. McConaughy, Dinsmore, Shohl, Coates & Deupree, Cincinnati, Ohio, for plaintiff-appellant.

William W. Milligan, U. S. Atty., Gerald Kaminski, Asst. U. S. Atty., Cincinnati, Ohio, Lawrence C. Moore, Eloise E. Davies, Civil Div., U. S. Dept. of Justice, Sandra Dawahare, Atty., Federal Aviation Administration, Washington, D. C., for defendants-appellees.

Before WEICK, CELEBREZZE and LIVELY, Circuit Judges.


LIVELY, Circuit Judge.

This case concerns the efforts of a municipality to prevent jet aircraft from using a general aviation airport located within its city limits. The plaintiff City of Blue Ash is a charter municipal corporation under the laws of Ohio. The City of Cincinnati, also a charter municipal corporation, owns the Cincinnati-Blue Ash Airport (the airport). The airport is operated by the Hamilton County Regional Airport Authority (regional airport authority...

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