Byron White

“ In resolving that issue, however, the Indiana Supreme Court, quite understandably, did not analyze separately the effect of the two provisions but considered them together. From that fact petitioners would have us conclude that the state ground of decision-invalidity of the zoning ordinance under Art. 1, § 21, of the Indiana Constitution-'is so interwoven with the other as not to be an independent matter * * *.' Enterprise Irrig. District v. Canal Co., 243 U.S. 157, 164, 37 S.Ct. 318, 321, 61 L.Ed. 644 (dictum) . (Emphasis added.) We cannot agree. ”

“ 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-1 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) . ”

“ The premises underlying petitioners' argument are that the Federal Airport Act is predicated on a determination by Congress that airport zoning is essential to assure compatible land use in the vicinity of airports without prohibitive cost and that the decision of the Indiana Supreme Court in this case signifies the total nullification of airport zoning. We think the second premise is unfounded. The Indiana Supreme Court had before it a case in which the effect of the ordinance was to establish a maximum height of 18 feet for structures on respondent's land. ”