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Civic Improvement Comm. v. Volpe

Citation: 2 ELR 20249
No. Misc. No. 931, (4th Cir., 04/03/1972) Granting partial preliminary injunction pending appeal

Even though the city of Charlotte will be paying all of the $600,000 cost for the widening of Sharon Lane, the resulting destruction of ancient oak trees is a major federal action requiring a formal impact statement because the project is a part of the federally assisted Sixth Circumferential Route. Plaintiff's evidence of other circumferentials, though necessarily limited by the severe time constraints of the original hearing, supports the inference that millions of federal dollars eventually will be contributed to the Sixth Route. In addition, $91,000 of federal funds was contributed to the city's master transportation plan, which included the Sharon Lane project, and 400,000 federal dollars already were expended on the Sixth Route. Destruction of the trees is enjoined pending an appeal on the merits from the district court's denial of a preliminary injunction.

Counsel for Plaintiffs — Appellants
Hugh G. Casey, Jr.
808 Law Building
Charlotte, North Carolina 28202

Counsel for Defendants — Appellees
Keith S. Snyder U.S. Attorney
P.O. Box 132
Asheville, North Carolina 28802