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BIDDLE v. BAA INDIANAPOLIS, LLC

No. 32S05-0602-CV-33.

860 N.E.2d 570 (2007)

Andrew BIDDLE, Jeanette Biddle, Todd Fakes, Rosalyn Fakes, Tammy Gardner, William Gardner, Brenda Jay, Jeffrey Jay, Khousar Kheiri, Arif Kheiri, Bryan Meyer, Judith Meyer, Raymond Shannon, Sherry Shannon, Cathy Smiley, and Robert Smiley, Appellants (Plaintiffs below), v. BAA INDIANAPOLIS, LLC and Indianapolis Airport Authority, Appellees (Defendants below).

Supreme Court of Indiana.

January 23, 2007.

Attorney(s) appearing for the Case

Steven K. Huffer, Indianapolis, IN, Attorney for Appellants.

Nelson Nettles, Richard Norris, Indianapolis, IN, Attorneys for Appellee BAA Indianapolis, LLC.

Edward W. Harris, III, Scott R. Alexander, Michael D. Chambers, Indianapolis, IN, Attorneys for Appellee Indianapolis Airport Authority.

F. Bradford Johnson, Indianapolis, IN, Scott M. Dutcher, Sacramento, CA, Attorneys for Amicus Curiae Pacific Legal Foundation.

On Petition to Transfer from the Indiana Court of Appeals, No. 32A05-0409-CV-505.

SHEPARD, Chief Justice.

Homeowners near Indianapolis International Airport contend that noise from airplanes passing over or near their property amounts to a taking within the meaning of the Fifth Amendment. The homeowners also say the Airport should be compelled to offer them financial settlements similar to those offered to earlier...

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