EMERALD DEVELOPMENT CO. v. McNEILL

No. CA 02-1159.

120 S.W.3d 605 (2003)

82 Ark.App. 193

EMERALD DEVELOPMENT COMPANY v. James McNEILL and Theodore Beitel.

Court of Appeals of Arkansas, Division IV.

May 14, 2003.


Attorney(s) appearing for the Case

Law Office of David W. Cahoon, PLC, by David W. Cahoon, Jonesboro, for appellant.

Gill Elrod Ragon Owen & Sherman, P.A., by John P. Gill and Roger H. Fitzgibbon, Jr., Little Rock, for appellee.


ANDREE LAYTON ROAF, Judge.

Emerald Development Company (Emerald) appeals from a circuit court order enjoining it from operating an airport at its current location in Cleburne County. Emerald argues that the trial court's jurisdiction was preempted by the Federal Aviation Act and that there was no proof of a nuisance or irreparable harm that would justify the issuance of an injunction. We affirm.

Emerald owns a real estate development on the eastern side of...

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