Morningside-Lenox Park Ass'n v. Volpe

ELR Citation: ELR 20629
No(s). 15237 (N.D. Ga. Nov 12, 1971)

Federal Aid Interstate Highway 485 planned for Atlanta, Georgia, enjoined pending Secretary of Transportation's compliance with the National Environmental Policy Act (NEPA). Although substantial federal approval of the project had occurred prior to the effective date of NEPA, actions to the taken after the date require compliance with the procedural duties of the Act. Decision on whether the prior state court proceeding involving this highway project bars plaintiff's claims of noncompliance with various provisions of federal highway law is reserved. Plaintiff corporation has standing to assert the claims involved in this lawsuit.

Counsel for Plaintiff:
Michael Padnos
1105 William Oliver Building
Atlanta, GA 30303
(404) 523-0641

Counsel for Federal Defendant:
Beverly Bates Asst. U.S. Attorney
U.S. Courthouse
Atlanta, GA 30303
(404) 526-6954

Counsel for State Defendant:
Marion O. Gordon Asst. Attorney General
132 State Judicial Building
Atlanta, GA 30334
(404) 656-3300

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