ELR Citation: ELR 20389
No(s). 71 F 71 (N.D. Ind. Aug 18, 1971)

Plaintiffs' request for declaratory and injunctive relief to prevent further work on Baer Field Expressway on grounds that defendants failed to comply with Department of Transportation Act, the Federal Aid Highway Act, and the National Environmental Policy Act is denied. Failure of highway administrator to make formal findings before approving route through park, and subsequent approval by Secretary after such findings became necessary, does not mean that statutes were not complied with "to the fullest extent possible." Administrator's determination that there was "no feasible and prudent alternative" to use of parkland is not arbitrary, capricious or clearly wrong. Finding by design engineer that hearing on design approval was not necessary because earlier hearing on plan "discussed" such matters is also not clearly wrong. Failure by the Department of Transportation to apply standards later devised to implement NEPA to this case does not mean that the Act was not implemented "to the fullest extent possible." Court also notes that the park "was as torn up as the result of construction on the date of the hearing as it will ever be during the completion of the Expressway."

Counsel for Plaintiffs:
Richard C. Ver Wiebe
Lebamoff, Ver Wiebe & Snow
1310 Anthony Wayne Bank Building
Fort Wayne, IN 46802
(219) 743-3334

Counsel for Defendant:
William Lee U.S. Attorney
Federal Building
Fort Wayne, IN 46802
(219) 422-6131