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TITLE Supreme Court Decision 2013Da71098 Decided November 10, 2016 ¡¼Damages (Etc.)¡½ [full Text]
Summary
[1] Requirements for petitioning for the cessation and prevention of disturbance such as setting a no-fly zone or for claiming damages on the grounds of disturbance of using and profiting from the land at issue due to overflight, and the standard to determine in such a context whether the disturbance exceeds tolerable limits
Method of determining whether a disturbance is unlawful in the context of a petition for prevention, such as by setting a no-fly zone, on the ground that the landowner¡¯s right to profit is infringed upon by flights through the airspace above the land in question.
[2] Scope of damages that the landowner may claim in cases where liability for damages is recognized on grounds of disturbance of using and profiting from the land at issue due to overflight
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