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RIGGS v. BURSON

941 S.W.2d 44 (1997)

Bobby RIGGS and M-Helicopters of Tennessee, Inc., Plaintiffs-Appellees, v. Charles W. BURSON, Tennessee Attorney General and Reporter, Carl Johnson, Commissioner of the Tennessee Department of Transportation, Defendants-Appellants.

Supreme Court of Tennessee, at Knoxville.

Rehearing Denied April 7, 1997.

Attorney(s) appearing for the Case

Charles W. Burson, Attorney General and Reporter, Michael E. Moore, Solicitor General, Barry Turner, Deputy Attorney General, Nashville, for Defendants-Appellants.

Steven E. Marshall, Marshall & Delius, Sevierville, for Plaintiffs-Appellees.

OPINION

ANDERSON, Justice.

We granted this appeal to decide whether a state statute1 prohibiting the use of land for a heliport within nine miles of the boundary of a national park is constitutional and, if so, whether it is preempted by federal law.

The trial court held the statute was constitutional and was a regulation of the use of land and therefore was not preempted by the Federal Aviation Act. The court, therefore...

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