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CHEYENNE AIRPORT BD. v. ROGERS

No. 84-301.

707 P.2d 717 (1985)

CHEYENNE AIRPORT BOARD and City of Cheyenne, Appellants (Defendants), v. Terry ROGERS and Brenda Rogers, Appellees (Plaintiffs).

Supreme Court of Wyoming.

Rehearing Denied November 1, 1985.

Attorney(s) appearing for the Case

John C. Patton and Royann Fransen of Carmichael, McNiff & Patton, Cheyenne, and R. Walter Connell, Asst. City Atty., Cheyenne, for appellants, oral argument by Patton.

Bernard Q. Phelan, Cheyenne, for appellees.

Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.

CARDINE, Justice.

The question here presented for our determination is whether the City of Cheyenne zoning ordinance providing a height limitation in a noninstrument approach zone to the Cheyenne municipal airport is unconstitutional. The appellees, Terry and Brenda Rogers, own residential property in the noninstrument approach zone. The Rogerses purchased this residential property in 1976, which was two years after passage of the ordinance. The particular height...

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