ELR Citation: ELR 20337
No(s). 5255 (E.D. Tex. Mar 1, 1971)

Plaintiff landowners granted a preliminary injunction barring further court condemnation proceedings in which their land is sought for use as the site for a sewage disposal plant for the city of Lufkin, Texas. Defendant Ruckelshaus is enjoined, pending the outcome of the suit, from committing federal funds to the sewage disposal plant project. The federal defendants have failed to satisfy the requirements of the Federal Water Pollution Control Act, as amended, and the National Environmental Policy Act of 1969. The state's acquisition of the land for the project and the ultimate validity of the federal grant are so integrated that irreparable damage will be incurred by plaintiffs unless condemnation of the land is halted pending the outcome of this suit.

Counsel for Plaintiffs:
Donald Carroll
Ramey, bulsford, Flack, Devereux & Hutchins
Citizens First National Bank Bldg.
Tyler, TX 75701
(214) 597-3301

Joseph L. Gibson
P.O. Box 19271
Wahsington, DC 20036
(202) 833-2386

Counsel for Defendant City:
Walter L. Borgfeld, Jr.
Renfraw, Zeleskey, Cornelius, Rogers & Berry
P.O. Drawer 1728
Lufkin, TX 75901
(713) 632-3381

Robert L. Flournoy
City Attorney
300 Shepherd
Lufkin, TX 75901
(713) 634-3367