Echo Park Residents Committee v. Romney

Civ. No. 71-340-F (C.D. Cal. May 11, 1971)

The determination by the Department of Housing and Urban Development that no environmental impact statement was required under the National Environment Policy Act of 1969 prior to the Department's approval of assistance for construction of a 66 unit apartment project was not arbitrary and capricious or otherwise unlawful.

Counsel for Plaintiff
Roger Jon Diamond
15415 Sunset Blvd.
Pacific Palisades, California

Counsel for Defendant
Robert L. Meyer U.S. Attorney
Frederick M. Brosio
James R. Dooley Asst. U.S. Attorneys
U.S. Courthouse
Los Angeles, California

[2 ELR 20337]

Ferguson, J:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The Motion of Defendant Romney For Summary Judgment having come on for hearing in the above-entitled court, before the Honorable Warren J. Ferguson, Judge Presiding; and the Court having considered said Motion, the same having been submitted to the Court for decision, and the Court being fully advised in the premises, now makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

On or about June 17, 1970, AMES CONSTRUCTION COMPANY (sued in the above-captioned proceeding as L. S. AMES CONSTRUCTION & DEVELOPMENT, a corporation) filed an application for insurance assistance under Section 236 of the National Housing Act [12 U.S.C. § 1715z-1].

The application referred to in Finding Of Fact I related to the proposed construction of a 90-unit project to be known as Morton Gardens and to be located in the 1800 block of Morton Avenue, Los Angeles, California, in an area generally referred to as ECHO PARK.

III

On January 22, 1971 the Department of Housing and Urban Development issued a preliminary draft circular implementing the National Environmental Policy Act and related regulations; and in accordance with this circular, officials of the Department of Housing and Urban Development took steps to determine whether the environmental statement provided for by Section 102(2)(C) of the Act [42 U.S.C. § 4332(2)(C)] is required in connection with the Morton Gardens project.

On or about March 18, 1971 the AMES CONSTRUCTION COMPANY withdrew its aforementioned application for insurance assistance for a 90-unit project and filed in lieu thereof an application for insurance assistance for a 66-unit Morton Gardens project at the same location.

Officials of the Department of Housing and Urban Development have now determined that the environmental statement provided for by Section 102 (2) (C) of the National Environmental Policy Act is not required in connection with the 66-unit Morton Gardens project.

The determination referred to in Finding Of Fact V is neither arbitrary nor capricious nor an abuse of discretion nor is it otherwise not in accordance with law.

VII

The determination referred to in Finding Of Fact V does not deprive the plaintiffs of any statutory or constitutional rights.

VIII

Any findings of fact contained in Conclusions Of Law are deemed incorporated herein by reference.

CONCLUSIONS OF LAW

There is no genuine issue as to any material fact in this action and the defendant George W. Romney, as Secretary of the Department of Housing and Urban Development, is entitled to judgment as a matter of law.

Judgment should be entered against the plaintiffs and in favor [2 ELR 20338] of the defendant George W. Romney, as Secretary of the Department of Housing and Urban Development, denying the relief prayed for in plantiffs' complaint and awarding to said defendant his costs.

III

Any conclusions of law contained in Findings Of Fact are deemed incorporated herein by reference.

JUDGMENT

In accordance with the Findings of Fact and Conclusions of Law filed herein, IT IS ORDERED, ADJUDGED AND DECREED that judgment be, and the same is hereby entered against the plaintiffs and in favor of the defendant, George W. Romney, as Secretary of the Department of Housing and Urban Development, denying the relief prayed for in plaintiffs' complaint and awarding to said defendant his costs.