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Arkansas Community Org. for Reform Now v. Brinegar

Citation: 6 ELR 20511
No. No. 75-1681, 531 F.2d 864/(5th Cir., 03/26/1976) Aff'd

On the basis of the district court opinion, 398 F. Supp. 685, 6 ELR 20046 (E.D. Ark. 1975), the court of appeals affirms the lower court decision in this challenge to a federally-funded cross-town expressway under construction in Little Rock, Arkansas. The district court partially enjoined further construction ending required revision of the NEPA impact statement on the project, but rejected plaintiffs' claim that the expressway would make constructive use of nearby parks, thus requiring special consideration of its route by the Secretary of Transportation under the "parkland" statutes, § 4(f) of the Transportation Act of 1966 and § 18(a) of the Federal-Aid Highway Act of 1968. The court of appeals also grants defendants' motion under Rule 60(b) of the Federal Rules of Civil Procedure, for leave to proceed in the district court for relief from and clarification of the lower court judgment in order to accomplish utility adjustments and relocations during the voluntary acquisition stage of the project.

Counsel for Plaintiffs
John T. Lavey
Philip D. Peters
Pyramid Life Bldg.
221 West 2d St.
Little Rock AR 72201
(501) 376-2269

Counsel for Federal Defendants
W. H. Dillahunty, U.S. Attorney
O. H. Storey, III, Asst. U.S. Attorney
600 W. Capital
Little Rock AR 72201
(501) 378-5346

Counsel for State Defendants and Intervenors
Thomas B. Keys, Chief Counsel
James N. Dowell, Attorney
Arkansas Highway Dept.
9500 New Benton Highway
Little Rock AR 72205
(501) 569-2000

Harold H. Simpson, II
Spitzberg, Mitchell & Hayes
3d & Gaines
Little Rock AR 72201
(501) 376-3151

Robert V. Light
Smith, Williams, Friday, Eldredge & Clark
First National Building, 20th Floor
Little Rock AR 72201
(501) 376-2011

Ross, Stephenson & Webster, JJ.