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Luedtke v. Milwaukee, County of

Citation: 5 ELR 20535
No. No. 74-1310, 521 F.2d 387/(7th Cir., 07/22/1975)

A lower court erred in dismissing property owners' Fourteenth Amendment claim for damages against a county for deprivation of property without just compensation through the operation of a nearby airport. Although the district court could rightly abstain from deciding the merits while plaintiffs pursued an inverse condemnation action in state court, it is better practice to retain jurisdiction pending the outcome of those proceedings, rather than dismissing the complaint altogether. Relief in the form of judiciallymade rules to govern operations at the airport is not available to plaintiffs, since the field of aircraft noise and emissions regulation has been preempted by the federal government. The property owners' nuisance claims must also fail.

Counsel for Plaintiffs
Robert E. Sutton
710 N. Plankinton St.
Milwaukee, Wis. 53203

Counsel for Defendants
James J. Boniface
County Court House
901 N. 9th St.
Milwaukee, Wis. 53233

H. Templeton Brown
Mayer, Brown & Platt
231 S. LaSalle St.
Chicago, Ill. 60604