Venue: |
10th Cir.
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Facts: |
Noise, vibration, fumes, and smoke near an airbase in KS. |
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Posture: |
Recovery denied at trial. |
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Issue: |
Is there a taking when there's no physical invasion, but there's
interference? |
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Holding: |
No. Affirmed. |
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Rule: |
There's a difference between damages and taking. This is the former. |
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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. |
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Dicta: |
Murrah (dissenting): Good grief, how bad does it have to get before
it's a taking, and where is the line? |
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