In 1934 Lee Causby and his wife Tinie moved to a 2.8 acre plot of land just outside of Greensboro, North Carolina. Knowingly, they purchased the land, which was located only one-third of a mile from a municipal airport and began to raise chickens as a means of income. All was well until the spring of 1942 when the United States Army began to fly four-engine bombers over the property during all hours of the day and night.
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CAA would carry all authority in this case since Congress had given such authority. Therefore by reversing the decision, the court would be interfering with Congressís decision and law making powers.
The Supreme Court rendered their decision on May 27, 1946 in favor of the respondents and remanded the Court of Claims for a lack of specific findings. The Causbyís were successful in portraying their complaint as an unconstitutional taking made by the federal government.