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Committee for Charter Protection for Parks v. Brown

Citation: 10 ELR 20246
No. No. 80-0009-E, 14 ERC 1385/(S.D. Cal., 02/14/1980)

The court denies plaintiff's motion for a preliminary injunction against the taking by the Navy of 35 acres of park land in the City of San Diego for development into a medical center. Side-stepping plaintiff's argument that the environmental impact statement prepared for the project is deficient under the National Environmental Policy Act, the court rules that plaintiff has failed to show that it will suffer irreparable harm if the preliminary injunction is not issued. Because the Navy plans only minor testing at the site prior to the time at which a hearing on the merits could be held, the court finds that plaintiff has not met its burden of proof in this regard. Considering further the likelihood that a court-ordered delay in the project would significantly increase its cost and place the public health at risk, the court concludes that the motion must be denied.

Counsel for Plaintiff
Judith M. Copeland; William Schwartz Jr., Deputy County Council
360 Bank of California Plaza, 110 W. A St., San Diego CA 92101
(714) 239-0815

Counsel for Defendants
Ronald G. Gluck, Gary W. Wilburn
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2848