California Court of Appeal

Summary judgment in favor of defendant-county in a challenge to the constitutionality of a county general plan requirement that plaintiffs provide an aircraft overflight easement as a condition for obtaining a building permit to make minor alterations to their residence is affirmed, where: 1) defendant-county met its initial burden to show plaintiffs could not demonstrate the easement constituted a taking of their property without compensation, since there was no evidence it would permit overflights that would invade the plaintiffs' private airspace, substantially interfere with their use and enjoyment of their property, or cause a measurable reduction in the property's value; and 2) plaintiffs failed to carry their burden of demonstrating there is a triable issue of material fact as to the easement's practical effect.

Appellate Information

• Decided 01/16/2014
• Published 01/16/2014

Judges

• MARGULIES

Court

• California Court of Appeal

Counsel