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BLACKBURN v. DOUBLEDAY BROADCASTING

No. C0-83-952.

353 N.W.2d 550 (1984)

Henry BLACKBURN, Frank Davis, Richard L. Doege, Francis Hyde, Gerald Kaplan, and Marjorie Thies, Appellants, v. DOUBLEDAY BROADCASTING COMPANY, INC., KDWB-FM; Malrite of Minnesota, Inc., KEEY-FM; Entertainment Communications, Inc., WAYLFM; Hudson Broadcasting Corporation, KQRS-FM; Emmis Broadcasting of Minnesota, WLOL-FM, Respondents.

Supreme Court of Minnesota.

August 10, 1984.

Attorney(s) appearing for the Case

Thomas P. Kane, Mark S. Olson, Rupert M. Mitsch, John Tunheim, St. Paul, for appellants.

Robert R. Weinstine, Steven C. Tourek, Darron C. Knutson, St. Paul, for respondents.

Heard, considered and decided by the court en banc.

SCOTT, Justice.

Plaintiffs appeal from a judgment entered in the Hennepin County District Court, dismissing their claims that defendants' radio transmissions constitute an actionable nuisance by distorting their reception of other desired radio signals and that defendants have breached their lease agreements by causing spurious radiation and emissions. The trial court ruled (1) that the Federal Communications Act, 47 U.S.C. §§ 151 et seq., preempted plaintiffs...

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