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National Ctr. for Preservation Law v. Landrieu

Citation: 10 ELR 20292
No. No. 80-0514, 14 ERC 1626/(D.D.C., 04/11/1980)

In a suit charging the Department of Housing and Urban Development and the Department of Commerce with violations of the National Environmental Policy Act and the National Historic Preservation Act in connection with their financial support of a hotel and convention center project in Charleston, South Carolina, the court grants defendants' motion for a transfer of venue to the district court for that jurisdiction. Under 28 U.S.C. § 1404(a), an action may be transferred to any other district where there is venue if the transfer would serve the interests of justice through greater convenience to the parties and witnesses. In light of the fact that many of the parties and witnesses are located in or near South Carolina, that there is currently another civil action pending in that district concerning similar issues and many of the same parties, and that this court may not have personal jurisdiction over one of the defendant municipalities, the court concludes that the interests of justice favor transfer of the case and orders that defendants' motion for transfer be granted.

Counsel for Plaintiffs
Theodore L. Garrett, Patricia A. Barald, William M. Paul, David F. Williams
Covington & Burling
888 16th St. NW, Washington DC 20006
(202) 452-6000

Counsel for Federal Defendants
Charlotte Bell
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4150

Timothy Hartzer
Office of the General Counsel
Department of Housing and Urban Development, Washington DC 20410
(202) 755-7244

Heidi Solomon, Ass't U.S. Attorney
U.S. Courthouse, Charleston SC 20402
(803) 724-4381

Counsel for City of Charleston
William B. Regan, Alice Paylor
Office of the Corporation Counsel
P.O. Box 1237, Charleston SC 29404
(803) 577-6970

Marc L. Fleischaker, Charles R. Claxton
Arent, Fox, Kintner, Plotkin & Kahn
1815 H St. NW, Washington DC 20006
(202) 857-6000