ELR Citation: ELR 20371
No(s). 18,854 (3d Cir. Jul 13, 1971)

Where New Jersey township previously lost battle over location of portion of I-95 in state court it is barred by res judicata from maintaining identical action against state defendants in U.S. District Court and by collateral estoppel from maintaining same action against newly included federal defendants. Mere approval by Department of Transportation of route alignment already litigated adds no new element to case. Court will not impose requirement that DOT justify approval with written "findings and analysis" in absence of mandate to that effect by Congress.

Counsel for Township of Hopewell:
Edward B. Meredith
Meredith, Meredith & Chase
109 S. Warren St.
Trenton, NJ 08608
(609) 599-9587

Counsel for Defendant:
Leonard Schaitman
Department of Justice
Washington, DC 20530
(202) 739-3321

David A. Biederman Deputy Attorney General
N.J. Department of Transportation
1035 Parkway Ave.
Trenton, NJ 08625
(609) 292-3442