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Citizens Defense Fund v. Gallagher

Citation: 9 ELR 20420
No. No. CV-78-63-BU, (D. Mont., 11/03/1978)

The court issues a preliminary injunction against the razing of buildings as part of a federally funded urban renewal project after determining that plaintiffs are likely to succeed on the merits of their claim that defendants violated the procedural requirements of the National Historic Preservation Act (NHPA). The court finds that the responsible federal official simply rubberstamped a state determination that a proposed urban renewal project area contained no buildings eligible for inclusion in the National Register of Highoric Places rather than making an independent decision "in consultation with" the state historic preservation officer, as the Act requires. The court also denies defendants' motion to increase plaintiffs' security bond and decrees that the bond remain at the nominal amount of $100 so as not to stifle the intent of NHPA or preclude citizen access to the judicial system.

Counsel for Plaintiffs
James H. Goetz, William L. Madden, Jr.
Goetz & Madden
522 W. Main St., Bozeman MT 59715
(406) 587-0618

Counsel for Defendants
Allen R. MacKenzie, Ass't U.S. Attorney
Federal Bldg., Butte MT 59701
(406) 723-6561

Mindy Brown
Office of the General Counsel
Department of Housing and Urban Development
1405 Curtis St., Denver CO 80202
(303) 837-4148

James A. Poore, III
Poore, Roth, Robischon & Robinson
4th Floor Silver Bow Block, Butte MT 59701
(406) 792-0488

joseph C. Connors, County Attorney
212 E. Park Ave., Anaconda MT 59701
(406) 563-5297