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City of Houston v. McFadden – Case Brief Summary (Texas)

In City of Houston v. McFadden, 420 S.W.2d 811, 816 (Tex. Civ. App.--Houston 14th Dist. 1967, writ ref'd n.r.e.), airplanes flew as low as eighty feet above the house, leading to broken windows, cracks in the wall, and deafening noise levels of up to 109 decibels. See id. at 813.

Because the Federal Housing Administration deemed noise levels of 100 decibels "unacceptable for residential use," it refused to insure the plaintiff's mortgage. See id. at 814, 816.

Thus, it was determined that the property could not be used as a residence, and was instead better suited for industrial use. See id. at 814.