ELR Citation: ELR 20229
No(s). 73-2062 (4th Cir. Jan 22, 1974)

The Fourth Circuit Court of Appeals vacates a lower court's dismissal of a suit to enjoin demolition of a county courthouse as part of an urban renewal project until the Secretary of Housing and Urban Development complies with NEPA by filing an environmental impact statement. Under the provisions of Federal Rule of Civil Procedure 15(a), the district court, after finding that the complaint was insufficient to allege standing, should have granted plaintiff leave to amend since the proposed amendment will clarify plaintiff's justiciable interest in this litigation. The case is remanded to the district court.

Counsel for Plaintiff
Richard A. Hayhurst
P.O. Box 1754
Parkersburg, WV 26101

Counsel for Defendants
William R. Pflazgraf
J. Fred Earley
Earley, Bailey & Pfalzgraf
314 Juliana Street
Parkersburg, WV 26101

Larry N. Sullivan, County Attorney
Parkersburg, WV 26105

James F. Companion, U.S. Attorney
U.S. Courthouse
Wheeling, WV 26004

Wallace H. Johnson, Asst. Attorney General
Glen R. Goodsell
Jacques B. Gelin
Department of Justice
Washington, DC20530