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Case No. 17-1458

The Carroll Airport Commission (Operating the Arthur N. Neu Municipal Airport)
v.
Loren W. Danner and Pan Danner

Defendants appealed from a district court ruling which granted plaintiff’s petition for abatement of a nuisance, finding a grain leg built by defendants on their property near plaintiff’s airport violated local and state zoning ordinances. Defendants contended the district court erred because they had obtained a “no hazard” letter from the Federal Aviation Administration, which preempted the court’s enforcement of state zoning law. The court of appeals affirmed the district court ruling. Defendants seek further review.

County:
Carroll
Trial Court Case No.:
EQCV039422

Resister

The Carroll Airport Commission (Operating the Arthur N. Neu Municipal Airport)

Applicant

Loren W. Danner and Pan Danner

Attorneys for Resister

Gina C. Badding

Attorneys for Applicant

Steven D. Hamilton

Supreme Court

Oral Argument Schedule

15-15-5

Jan 23, 2019 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
17-1458
Date Published:
May 10, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1458
Date Published:
Sep 12, 2018
Summary

           Appeal from the Iowa District Court for Carroll County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (9 pages)

           The defendants, Loren and Pan Danner, appeal from the district court ruling granting the Carroll Airport Commission’s petition for abatement of a nuisance.  The court determined the grain leg built by the Danners on their property, near the Arthur E. Neu Airport, was a nuisance, as it violated local and state zoning ordinances and statutes and ordered the Danners to “abate said nuisance by either removing the grain leg structure or modifying the height of the grain leg structure to be in compliance with the regulations and law concerning the Airport’s protect[ed] airspace.”  On appeal, the Danners contend the “no hazard” letter they obtained from the Federal Aviation Administration (FAA) in July 2013 preempted the district court’s enforcement of state law.  OPINION HOLDS: Because the application of local and state provisions defining the Danners’ grain leg as an airport hazard and a nuisance is not preempted by the FAA’s determination that the grain leg is not a hazard, we affirm the district court’s order requiring the Danners to abate the nuisance. 

Other Information

Date Further Review is Granted:
Nov 06, 2018

View archived opinions from prior to November 2017

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