| Venue: | 10th Cir. |
| Facts: | Noise, vibration, fumes, and smoke near an airbase in KS. |
| Posture: | Recovery denied at trial. |
| Issue: | Is there a taking when there's no physical invasion, but there's interference? |
| Holding: | No. Affirmed. |
| Rule: | There's a difference between damages and taking. This is the former. |
| Reasoning: | The amount of harm varies with respect to the proximity to the airbase, but it's pretty bad. We feel sorry for these folks, but there's well-established precedent distinguishing takings from just damages. This just isn't a taking. |
| Dicta: | Murrah (dissenting): Good grief, how bad does it have to get before it's a taking, and where is the line? |