Burbank v. Lockheed Air Terminal 411 U.S. 624 (1973)

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BURBANK v. LOCKHEED AIR TERMINAL 411 U.S. 624 (1973)

The Supreme Court, in a 5–4 vote, struck down a city ordinance regulating air traffic as a violation of the supremacy clause. The ordinance prohibited jets from taking off between 11 p.m. and 7 a.m. and also forbade the airport operator from allowing such flights. The Court, speaking through Justice william o. douglas, applied the preemption doctrine and found the ordinance in conflict with two federal statutes which provided for the regulation of navigable airspace. Justice william h. rehnquist, for the dissenters, contended that these statutes did not supersede the state police power.

David Gordon
(1986)

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