O'Brien v. Brinegar
ELR Citation: ELR 20831 No(s). 3-74-Civ-164 (D. Minn. Aug 5, 1974)
The court is without jurisdiction to hear plaintiffs' NEPA claims for a temporary injunction against further demolition of an allegedly architecturally unique building since no federal action is involved. In addition, the court finds that plaintiffs lack standing under the "injury-in-fact" test of Sierra Club v. Morton, and that even if the jurisdictional and standing issues were viewed in plaintiffs' favor, the suit would most probably be barred by laches.
Counsel for Plaintiffs
Charles K. Dayton
3036 University Avenue, N.E.
Minneapolis, MN 55418
Counsel for Defendants
Robert G. Renner U.S. Attorney
Thorwald H. Anderson Jr., Asst. U.S. Attorney
U.S. Courthouse
Minneapolis, MN 55401
Eric B. Schultz
Jack Sjoholm Jr., Asst. Attorney General
State Capitol
St. Paul, MN 55103
Pierre Regnier Deputy City Attorney
15 W. Kellogg Boulevard
St. Paul, MN 55102
Counsel for Intervenor St. Paul Area Chamber of Commerce
Kenneth P. Griswold
Ruttenberg, Orren, Griswold, Norton & Bernet
Commerce Building
St. Paul, MN 55101