Old Town Neighborhood Ass'n v. Kauffman
Citation: 33 ELR 20229
No. No. 02-4363, (7th Cir., 06/19/2003)
The court vacates a preliminary injunction forbidding local, state, and federal government officials from taking further action to widen a municipal street in Goshen, Indiana. No formal proposal had yet been made under the National Environmental Policy Act, therefore, it is impossible to determine whether the federal agency has acted arbitrarily or capriciously in choosing the scope of the project and environmental study. Additionally, because the city has not sought federal support for the renovation under the National Historic Preservation Act (NHPA), NHPA §106 does not apply. Similarly, no one has asked the Secretary of Transportation to approve any program or project related to the renovation, so there was no need for the Secretary to consider whether any prerequisites for approval have been satisfied under the Department of Transportation Act.
Counsel for Plaintiffs
Stanley C. Fickle
Barnes & Thornburg
11 S. Meridian St., Indianapolis IN 46204
Counsel for Defendant
Michael A. Wukmer
One American Sq.
P.O. Box 82001, Indianapolis IN 46282