ELR Citation: ELR 20077
No(s). T-5057 (D. Kan. Jan 3, 1973)

In a class action for preliminary and permanent injunctive relief against construction of a relocated highway segment, the court grants summary judgment to defendants and intervenors. The court holds, inter alia, that: (1) the environmental impact statement was properly prepared even though state authorities participated; (2) review and commentary in conformity with 42 U.S.C. §1857 by the Administrator of the Environmental Protection Agency has occurred; (3) all the necessary hearings have been held; and (4) there has been no deprivation of constitutional rights under the Fifth or the Ninth Amendments.

Counsel for Plaintiffs
Robert J. Roth U.S. Attorney
Roger K. Weatherby Assistant U.S. Attorney
Topeka, KS

Counsel for Defendants
Keith K. Couch
P.O. Box 4297
7221 West 79th Street
Overland Park, KS 66204