ELR Citation: ELR 20318
No(s). 30286 (5th Cir. Jun 9, 1971)

Where all persons displaced by a federal aid highway have accepted relocation prior to decision on appeal, the issue of whether federal and state officials have complied with the provisions of the Federal Aid Highway Act of 1968 and its implementing regulations, designed to insure the relocation of persons displaced by such projects, is moot. Department of Transportation regulations requiring the state to hold a "design public hearing" were promulgated January 4, 1969, and are not applicable to that portion of the highway project which received final federal approval on July 22, 1968. Because a portion of the highway was not finally approved prior to January 4, 1969, and because final approval was requested by the state within three years after the highway location public hearings, the case must be remanded to the Division Engineer of the federal Bureau of Public Roads to determine whether the public hearing held on highway location adequately dealt with design issues so as to obviate the need for a disign hearing. Although the highway location public hearing held in 1968 may not have satisfied statutory and constitutional requirements, the advanced stage of project development, the public's need for rapid and safe transportation, and the impossibility of returning the former residents of the affected area to the status quo ante require denial of the request for injunctive relief.

Counsel for Plaintiff-Appellants:
Barbara Ann Kazan
John Scanlan
William F. Cockrell, Jr.
Community Legal Services Program
1803 Rosewood
Austin, TX 78702
(512) 474-1531

J. Anthony Kline
Earl Warren Legal Institute
University of California
Berkeley, CA 94720
(415) 642-1811

Counsel for Defendants Volpe, Taylor and Cary:
Seagal V. Wheatley United States Attorney
P.O. Box 1701
San Antonio, TX 78205
(512 255-5511, ext. 4231

Counsel for City of Austin, Travis LaRue, Lynn Andrews and Hoyle Osborne:
Charles Dippel Assistant City Attorney
P.O. Box 1088
Austin, TX 78761
(512) 477-6511

Counsel for Texas Highway Commission, Texas Highway Department, Dewitt Greer and J.C. Dingwall:
Dudley Fowler Assistant Attorney General
P.O. Box "R"
Capitol Station
Austin, TX 78711
(512) 475-2501