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Clinton Community Hosp. Corp. v. Southern Md. Medical Ctr.

Citation: 5 ELR 20180
No. No. 74-1688, 510 F.2d 1037/7 ERC 1655/(4th Cir., 02/10/1975) Aff'd per curiam

The Fourth Circuit Court of Appeals affirms a lower court's dismissal of an existing hospital's suit seeking to enjoin construction of a larger hospital nearby on the ground that the proposed hospital would be adversely affected by air traffic from Andrews Air Force base. The court rules that plaintiff lacks standing to maintain this action since its economic well-being vis-a-vis its competitors is not arguably within the zone of interests protected by NEPA. Additionally, the court holds that plaintiff has failed to state a claim upon which relief can be granted, as its claim that injunctive relief is in order because of the impact of the existing environment on the proposed hospital turns the statutory scheme backwards. For the district court's opinion, see 4 ELR 20670.

Counsel for Plaintiff
William H. Manger
Manger & Siefman
Suite 1106
One Charles Center
Baltimore, Md. 21201

Counsel for Defendants
Paul M. Nussbaum
Richard E. Ekstrand
Reichelt, Nussbaum & Brown
3723 34th Street
Mt. Ranier, Md. 20822

Wallace J. Johnson Asst. Attorney General
Carl Strass
Edmund B. Clark
Gary B. Randall
Lawrence E. Shearer
Department of Justice
Washington, D.C. 20530

George Beall U.S. Attorney
James M. Kramer Asst. U.S. Attorney
U.S. Courthouse
Baltimore, Md. 21202