ELR Citation: ELR 20675
No(s). 74-M-309 (D. Colo. May 7, 1974)

The court denies a motion by landowner residents within a proposed urban renewal area for a preliminary injunction against further demolition on the ground that HUD's impact statement for the project is inadequate under NEPA. The court rules that the EIS sufficiently discusses each of the five matters that must be considered according to the statute, and that its only inadequacy is its failure to consider the possibility that structures of historic or architectural value might be destroyed during the process of urban renewal. This defect has been cured by these hearings before the court, however, since the defendants have been made fully aware of all the available evidence regarding historic preservation. The buildings in question have not yet been destroyed, and HUD may modify the project on the basis of this information. Under these circumstances, a hearing is the only relief required.

Counsel for Plaintiffs
William R. James
Decker & Miller
4155 East Jewell Avenue
Denver, CO 80219

Counsel for Federal Defendants
James L. Treece U.S. Atty
William K. Hickey Asst. U.S. Atty
Federal Office Building
1961 Stout
Denver, CO 80202

Counsel for Local Defendants
Paul C. Benedetti
910 16th Street
Denver, CO 80202