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Low-flying Aircraft Disturbance Lawsuit Dropped by Gallatin County Judge

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Photo courtesy of shyb/flickr

BOZEMAN, Mont. (AP) — A Gallatin County judge has dismissed a lawsuit filed by a Belgrade woman who claimed a 2009 change in flight patterns at Bozeman Yellowstone International Airport resulted in low-flying aircraft disturbing her and her dairy cows.Carol Gerovac filed the lawsuit last December alleging the flight-pattern change amounted to an illegal taking of her land and trespassing, interfered with the enjoyment of her property. She sought a damage award and an order to re-route the flights.

The Bozeman Daily Chronicle reports District Judge Holly Brown dismissed the lawsuit on July 10, noting the Federal Aviation Administration sets the flight paths, not the Gallatin Airport Authority.

The ruling also notes Gerovac’s property was declared an “airport-affected area” in September 2003, precluding her from receiving damages for normal airport operations.

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