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Wisconsin Heritages, Inc. v. Harris

Citation: 10 ELR 20142
No. No. 78-C-632, 476 F. Supp. 300/13 ERC 1734/(E.D. Wis., 09/11/1979) Request for bond denied

The court denies a motion to require a nonprofit organization to post a security bond for a preliminary injunction. Previously the court had preliminarily enjoined demolition of a historic mansion as part of an urban renewal project and required the federal Department of Housing and Urban Development to prepare an environmental impact statement pursuant to the National Environmental Policy Act (NEPA). 9 ELR 20082. An attempt is currently underway to remove the mansion to a different site. The court decides that it would not be appropriate to require plaintiff to post bond. The requirement of substantial security would discourage public and private organizations from bringing suit to enforce the provisions of NEPA, thereby frustrating the intent of Congress. In addition, the court agrees to a date established by the parties after which the preliminary injunction will be lifted.

Counsel for Plaintiff
William H. Lynch
Wisconsin Civil Liberties Union
1840 N. Farwell Ave., Milwaukee WI 53202
(414) 272-4032

Daniel J. Steininger
Ebert & Ebert
230 W. Wells St., Milwaukee WI 53203
(414) 276-5100

Counsel for Defendants
Joan F. Kessler, U.S. Attorney
517 E. Wisconsin Ave., Milwaukee WI 53203
(414) 291-1700

James B. Brennan, City Attorney; James E. Fitzgerald, Ass't City Attorney
200 E. Wells St., Milwaukee WI 53202
(414) 278-2601

Ray J. Aiken
Legal Counsel, Marquette University
1324 W. Wisconsin Ave., Milwaukee WI 53233
(414) 224-7343