Facts
E. Berner AG has been operating a private airfield on its property "Than/Mooswiesen" in Sitterdorf (TG) since 1962 with the permission of the Federal Office of Civil Aviation. When the company planned to pave the existing grass runway in 1976, neighboring landowners and other local residents filed a lawsuit with the District Court of Bischofszell. They demanded a ban on this construction project and the flight operations, which they believed caused excessive and unjustified impacts, particularly noise, on them and their properties.
Three of the plaintiffs, namely Paul Edelmann, the heirs of Hans Edelmann-Ackermann, and Hans Meier, additionally requested that the defendant be obligated to ensure that no aircraft fly lower than 150 m over their properties and the path belonging to Paul Edelmann.
Considerations
The Federal Supreme Court ruled that the owner of an agricultural property located near a private airfield is entitled to defend against low-altitude overflights of their property if this interferes with or disturbs the exercise of their property rights.
The Higher Court had set a minimum flight altitude of 50 m above the plaintiffs' properties…