City of Charlotte Settles Airport Runway Lawsuits for $1.5M

The City of Charlotte will pay more than $1.5 million to compensate property owners who sued the city over the 2010 opening of a new runway at Charlotte-Douglas International Airport, the plaintiff’s’ attorneys reported.

Tommy Odom of the Odom Firm in Charlotte reports that the landowners filed actions for inverse condemnation in 2012 for the taking of a flight easement over their properties. The landowners claimed the flights negatively impacted the fair market value of the land because of the noise generated by planes arriving at the airport throughout the day. The city denied the allegations.

In total, 47 separate cases were filed related to the runway. The North Carolina Supreme Court designated the cases as exceptional and appointed Superior Court Judge Forrest Bridges to oversee them. The actions were stayed, and attorneys negotiated the terms of the settlements for 18 months.

The parties negotiated the language of the aviation easements, the fair market values of the properties, the amounts to be paid by the city for the purchase of the entire property or the easement, attorney fees, and the costs and expenses to be reimbursed to each landowner, Odom said.

The city ultimately purchased six of the properties. It paid between 4.5 percent and 13 percent of the agreed upon value of each property for an aviation easement over the remaining 41 properties, with the amount paid depending upon the location of each property.

Rebecca Cheney and Keith Merritt of Hamilton, Stephens, Steele and Martin in Charlotte represented the city. Cheney declined to comment on the settlement.

charlotte airport


Amount: $1,563,761
Case Name: Flaherty v. City of Charlotte, et. al.
Court: Mecklenburg County Superior Court
Case No.: 12-CVS-155
Attorneys for Plaintiffs: Tommy Odom and David Murray of
The Odom Firm in Charlotte, NC

Reprinted with permission of North Carolina Lawyers Weekly © 2018
■■ BY BILL CRESENZO | bcresenzo

Click here to see the story on North Carolina Lawyers Weekly's website.


The Odom Firm’s team of David Murray, Tommy Odom, Keren Patrick and Andy Patrick participated in the annual “Clays for Conservation” tournament in Norwood, NC, which benefits the Catawba Lands Conservancy.  While the team did not b… Read More
The Odom Firm is proud to announce that attorney David Murray has been selected to The Best Lawyers in America 2021 for his work in land use and zoning law.  This is David’s 1st year being selected to the Best Lawyers publication.  David is t… Read More
The Odom Firm is proud to announce that attorney Tommy Odom has been selected to The Best Lawyers in America 2021 for his work in eminent domain and land condemnation law.  This is Tommy’s 11th year being selected to the Best Lawyers publicati… Read More
The Odom Firm Gets Millions for Property Owner with Land Near Airport The City of Charlotte has opted to avoid the potential turbulence of a condemnation action and agreed to pay $8.35 million for eight acres of land earmarked for the expansion… Read More
One of the Constitutional Rights Council’s goals is to increase public awareness of the U.S. Constitution. The section sponsors CLE programs and services, provides members with a substantive newsletter and helps mold the association&… Read More