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Biderman v. Morton

Citation: 5 ELR 20027
No. No. 74-2016, 507 F.2d 396/7 ERC 1494/(2d Cir., 11/07/1974) Denial of second preliminary injunction aff'd

The Second Circuit Court of Appeals affirms a lower court's denial of a preliminary injunction in a suit seeking to prohibit the National Park Service from granting permits for motor vehicle use within the Fire Island National Seashore, and refuses to impose interim motor vehicle regulations. The trial court did not err in finding that plaintiffs failed to establish that there has been a great and accelerating growth in motor vehicle traffic within the Seashore, or that the continued issuance of private vehicle permits will have any significant environmental effects above and beyond those associated with use of the Island for vacation homes and indispensable vehicular traffic. The court emphasizes that its decision relies in part on defendants' representation that a Master Plan, including proposed motor vehicle regulations, and an EIS for the entire Seashore will be issued on or about January 1, 1975.

Counsel for Plaintiffs
Donald J. Cohn
Webster, Sheffield, Fleischmann, Hitchcock & Brookfield
One Rockefeller Plaza
New York, N.Y. 10020

%counsel for Defendants
Harold J. Friedman
Raymond J. Dearie Asst. U.S. Attorneys
U.S. Courthouse
Brooklyn, N.Y. 11201

C. Francis Giaccone
518 Hawkins Ave.
Lake Ronkonkoma, N.Y. 11779

Francis G. Caldeira Towa Attorney
Edward S. Raskin Asst. Town Attorney
Islip, N.Y. 11751

Counsel for Intervenor Constitutional Rights Committee of Kismet
Robert M. Calica
English, Cianciulli, Reisman & Peirez
1501 Franklin Ave.
Mineola, N.Y. 11501