Rockaway Valley Regional Sewerage Auth. v. Gorsuch
Citation: 11 ELR 21101
No. No. 81-2721, (D.N.J., 09/11/1981) Denying preliminary injunction
The district court denies plaintiff's application for preliminary relief restraining defendants from issuing federal construction grant awards to other New Jersey sewage treatment projects which would reduce the available share of such funds to less than $44 million. Plaintiff seeks a $44 million construction grant out of fiscal year (FY) 1981 funds, which is conditioned upon state certification that plaintiff's facility is entitled to priority for FY 1981, for completion of a wastewater treatment facility. The court denies preliminary relief because (1) plaintiff has not demonstrated a likelihood of success on the merits, (2) the judicial branch cannot order the appropriation of additional funds for federal grants, (3) granting plaintiff's application would result in the disruption of other projects and therefors is not in the public interest, and (4) the denial of preliminary relief to plaintiff by a New Jersey state court is entitled to great deference.
Counsel for Plaintiff
Joseph J. Maraziti Jr.
Maraziti, Kalish & Gregory
65 Madison Ave., Morristown NJ 07960
Counsel for Defendants
Land and Natural Resources Division
Department of Justice, Washington DC 20530
James R. Zazzali, Attorney General; Paul H. Schneider
36 W. State St., Trenton NJ 08625