ELR Citation: ELR 20749
No(s). 1715 (W.D. Mo. Nov 28, 1971)

A suit for preliminary and permanent injunctive relief against the demolition of buildings in the Market Square Historic District of St. Joseph, Missouri, brought under the National Historic Preservation Act of 1966 (NHPA) and the National Environmental Policy Act of 1969 (NEPA), is dismissed. It is not necessary under the NHPA to afford the Advisory Council on Historic Preservation an opportunity to approve a project prior to expenditure of federal funds when the buildings are not included on the National Register. NEPA does not obviate the requirement of registration.

Counsel for Plaintiff
David H. Morton
Morton, Reed & Counts
702 Corby Building
St. Joseph, MO 64501

Counsel for Defendants
Joseph K. Houts
Wilcox & Houts
804 Corby Building
St. Joseph, MO 64501