ELR Citation: ELR 20082
No(s). 459-70-B (E.D. Va. Jan 22, 1971)

Plaintiffs' request denied for permanent injunction against construction, in historically and architecturally unique and valuable area, of state prison medical facility funded in part with grant under Safe Street Act of 1968, 42 U.S.C. §3733. Application of National Environmental Policy Act, 42 U.S.C. §§4321 and 4331 et seq., is discretionary. Plaintiffs have standing under 5 U.S.C. §702. Conflict between 42 U.S.C. §3733 and rights plaintiffs seek to protect under National Historic Preservation Act of 1966, 16 U.S.C. §407f governed by the most recent expression of congressional intent (1968). Plaintiffs' rights under 9th and 14th Amendments do not foreclose recognition of the legitimate interests of the state.

Counsel for Hiram B. Ely, et al.
Emanuel Emroch
1119 Central National Bank Building
Richmond, VA 23319
(703) 649-9077

Counsel for Federal Defendant, Richard W. Velde
David G. Lowe Assistant United States Attorney
Post Office Building
Richmond, VA 23219
(703) 644-4097

Counsel for State Defendant, Otis L. Brown
Vann H. Lefoe Assistant Attorney General
Supreme Court Building
Richmond, VA 23219
(703) 770-2071