Jankovich v. Indiana Toll Road Commission
Opinion of the Court
delivered the opinion of the Court.
Pursuant to a 20-year lease with the City of Gary, Indiana, petitioners are. the operators of Gary Municipal Airport, one of the airports included in the National Airport Plan. They seek review of a decision invalidating the city’s airport zoning ordinance, which, with regard to buildings and other structures in the immediate vicinity of the airport, prescribes height limitations based upon a 40-to-l glide angle for approaching aircraft (i. e., at a distance of 40 feet from the end of the planned runway, structures may not exceed one foot in height). After passage of the'ordinance, respondent,, the Indiana Toll Road Commission, constructed a toll road parallel to the south side of the airport and 443 feet from the end of the. planned runway. Contending that at that location the ordinance prescribes a maximum height of 18.08 feet above the surrounding land and that respondent’s toll road (which is raised 29.8 feet above the surrounding land surface) violates the ordinance, petitioners brought suit in the Indiana Courts for injunctive relief and damages. Although it refused to grant an injunction, the trial court awarded petitioners damages of $164,000 and costs. That judgment was reversed by the Supreme Court of
Respondent suggests, however, that we are without jurisdiction to review the judgment of the Supreme Court of Indiana because that judgment was based on an independent and adequate state ground. It is undoubtedly
“ ‘the settled rule that where the judgment of a state court rests upon two grounds, one of which is federal and the other non-federal in character, our jurisdiction fails if the non-federal ground is independent of the federal ground and adequate to support the judgment.’ Fox Film Corp. v. Muller, 296 U. S. 207, 210.” Cramp v. Board of Public Instruction, 368 U. S. 278, 281.
As we have concluded that respondent is correct in its contention that the judgment sought to be reviewed is supported by an independent and adequate state ground, we dismiss the writ of certiorari as improvidently granted.
In the Indiana Supreme Court respondent relied on the just compensation requirement of the.Indiana Constitution as well as on the Due Process Clause of the Fourteenth Amendment. The Indiana Supreme Court stated the issue for decision as whether “the ordinance purport [s] to effect a taking of private property for public use in violation of the provisions of Article 1, § 21 of
Quoting both Art. 1, § 21, of the Indiana Constitution and § 1 of the Fourteenth Amendment and citing both a decision of this Court, Pennsylvania Coal Co. v. Mahon, 260 U. S. 393, and one of its own decisions, General Outdoor Advertising Co. v. City of Indianapolis, 202 Ind. 85, 172 N. E. 309 (1930), the Indiana Supreme Court began its analysis with the proposition that private property may not be taken for public use without compensation. Two issues were singled out as determinative of whether the ordinance under consideration violated that constitutional protection: “(1) Whether air space above land is a constitutionally protected property right, and (2) whether in the instant case there has been a constitutionally proscribed taking.” 244 Ind., at 578, 193 N. E. 2d, at 239.
In holding that landowners did have a protected property interest in the airspace above their land, the court first discussed an Indiana statute, Acts 1927, c. 43, § 3,
The discussion of the second question — whether the ordinance effects a proscribed taking, as opposed to a reasonable regulation under the police power — similarly interlaces Indiana and federal decisions, as well as decisions of other state courts. Again there is no intimation that the conclusion that the ordinance entails “an unlawful and unconstitutional appropriation of property rights without payment of compensation,” 244 Ind., at 584, 193 N. E. 2d, at 242, is based less forcefully on the Indiana Constitution than on the Fourteenth Amendment.
In such circumstances, even though a state court’s opinion relies on similar provisions in both the State and Federal Constitutions, the state constitutional provision has been held to provide an independent and adequate
Petitioners nevertheless contend that the state ground of decision is not adequate because it is inconsistent with the policy of the Federal Airport Act, 60 Stat. 170, as amended, 49 U. S. C. § 1101 et seq. (1958 ed. and Supp. V), and therefore founders on the Supremacy Clause.
“(4) appropriate action, including the adoption of zoning laws, has been or will be taken, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations including landing and take-off of aircraft.” P. L. 88-280, 1964 U. S. Code Cong. & Adm. News 514. (Emphasis added.)
That requirement, however, is presently implemented by the Federal Aviation Agency by obtaining an assurance from the project sponsor that he will prevent the construction of obstructions to air navigation, “either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations.” Form FAA-1624, Part III 7, Sponsor Assurances. And amounts expended to acquire “land or interests therein or easements through or other interests in air space” are among “the allowable project costs” that may be recompensed under § 13 of the Federal Airport Act, 60 Stat. 177, as amended, 49 U. S. C. § 1112 (a) (2) (1958 ed., Supp. V),. Appearing as amicus curiae, the United States affirms that “[t]here is no basis for a contention that federal law removes State law restrictions on the exercise of the zoning power or defeats any State law right to compensation.” We conclude that the decision of the Supreme
The writ of certiorari is dismissed as improvidently granted.
It is so ordered.
Art. 1, §21, Ind. Const.:
“No man’s particular services shall be demanded, without just compensation. No,man’s property shall be taken by law, without just compensation; nor, except in case of the State, without such compensation first assessed and tendered.”
Petitioners’ pre-emption argument is not pressed in their petition for certiorari as a separate issue for review but only as bearing on the adequacy of the state ground of decision.. Nor have petitioners demonstrated that this issue was presented to the Indiana Supreme Court. In this regard petitioners quote that court’s statement that “[t]he federal government has recognized the requirement that easements for the glide angle needed for landing and take-off must be .acquired by condemnation proceedings and payment of just compensation,” 244 Ind., at 584, 193 N. E. 2d, at 242, but that conclusion
Needless to say, we express no opinion in this case regarding the validity under the United States Constitution of the city’s airport zoning ordinance.
Dissenting Opinion
dissenting.
Although the.opinion of the Supreme Court of Indiana relies on state and federal precedents, I can find nowhere in its opinion any clear indication of whether that court’s ultimate conclusion is based upon the Federal Constitution, the Constitution of Indiana, or both. Therefore, I think the posture of this case is identical to that presented in Minnesota v. National Tea Co., 309 U. S. 551, and that we should, as the Court did there, vacate the judgment of the State Supreme Court and remand the cause for further proceedings.
“It is important that this Court not indulge in needless dissertations on constitutional law. It is fundamental that state courts be left free and unfettered by us in interpreting their state constitutions. But it is equally important that ambiguous or obscure adjudications by state courts do not stand as barriers to a. determination by this Court of the validity under the federal constitu-' tion of state action. Intelligent exercise of our appellate powers compels us to ask for the elimination of the obscurities and ambiguities from the opinions in such cases. Only then can we ascertain whether or not our jurisdiction to review should be invoked. Only by that procedure can the responsibility for striking down or upholding state legislation be fairly placed. . For no other course
Reference
- Full Case Name
- JANKOVICH Et Al., Doing Business as CALUMET AVIATION CO. v. INDIANA TOLL ROAD COMMISSION
- Cited By
- 55 cases
- Status
- Published