context: Subsequent courts have followed the Supreme Court's guidance in Burbank in determining whether local ordinances are preempted under the Federal Aviation Act.
citation_a.signal: see also
citation_a.parenthetical: village ordinance preventing aircraft from flying over village at less than one thousand feet was unconstitutional
citation_a.sentence: See United States v. City of Berkeley, 735 F.Supp. 937 (E.D.Mo.1990) (FAA regulations preempt city’s building code); Blue Sky Entertainment, Inc. v. Town of Gardiner, 711 F.Supp. 678 (N.D.N.Y.1989) (court finds in favor of small airport operators; sections of town ordinance regulating low-flying aircraft, parachute jumping, flight paths, noise, and insurance requirements were preempted); Command Helicopters, Inc. v. City of Chicago, 691 F.Supp. 1148 (N.D.Ill.1988) (court nullifies local ordinance governing loading operations of helicopters); United States v. City of Blue Ash, 487 F.Supp. 135 (S.D.Ohio 1978) (court found that city ordinance restricting noise was preempted by federal law); see also Allegheny Airlines, Inc. v. Cedarhurst, 238 F.2d 812 (2d Cir.1956) (village ordinance preventing aircraft from flying over village at less than one thousand feet was unconstitutional).
citation_b.signal: see
citation_b.parenthetical: court found that city ordinance restricting noise was preempted by federal law
citation_b.sentence: See United States v. City of Berkeley, 735 F.Supp. 937 (E.D.Mo.1990) (FAA regulations preempt city’s building code); Blue Sky Entertainment, Inc. v. Town of Gardiner, 711 F.Supp. 678 (N.D.N.Y.1989) (court finds in favor of small airport operators; sections of town ordinance regulating low-flying aircraft, parachute jumping, flight paths, noise, and insurance requirements were preempted); Command Helicopters, Inc. v. City of Chicago, 691 F.Supp. 1148 (N.D.Ill.1988) (court nullifies local ordinance governing loading operations of helicopters); United States v. City of Blue Ash, 487 F.Supp. 135 (S.D.Ohio 1978) (court found that city ordinance restricting noise was preempted by federal law); see also Allegheny Airlines, Inc. v. Cedarhurst, 238 F.2d 812 (2d Cir.1956) (village ordinance preventing aircraft from flying over village at less than one thousand feet was unconstitutional).