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Romulus, City of v. Wayne, County of

Citation: 10 ELR 20881
No. No. 76-1243, 634 F.2d 347/15 ERC 1207/(6th Cir., 11/06/1980) Aff'd on other grounds

The Sixth Circuit Court of Appeals rules that an action to enjoin construction of an additional runway at the Detroit Metropolitan Airport is moot because the runway has been completed. The district court found that the environmental impact statement (EIS) prepared by the Department of Transportation was inadequate under the requirements of the National Environmental Policy Act and enjoined federal funding of the runway project, 5 ELR 20302. The government supplemented the EIS, and the district court dissolved the injunction. During the time of plaintiffs' appeal of the dissolution, the runway was completed. The court finds, therefore, that any injunction would now be ineffectual and the action is moot, but remands for further claims plaintiffs may have that were not raised on appeal.

Counsel for Appellants
Charles M. Lowther
11111 Wayne Rd., Romulus MI 48174
(313) 941-0666

Counsel for Appellees
James K. Robinson, U.S. Attorney
817 Fed'l Bldg., 231 W. Lafayette St., Detroit MI 48226
(313) 226-7715

Edward Fagen
Office of the General Counsel
Federal Aviation Administration, Washington DC 20590
(202) 426-4702

Before: MERRITT, BROWN and JONES, Circuit Judges.