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Druid Hills Civic Ass'n v. Federal Highway Admin.

ELR Citation: 18 ELR 20440
Nos. Nos. 87-8122, -8149, 833 F.2d 1545/(11th Cir., 12/16/1987) Aff'd

The court affirms a district court decision upholding the Secretary of Transportation's approval of construction of the Presidential Parkway through historic properties in Atlanta, Georgia. The court holds that the district court retained jurisdiction to hear the motion for summary judgment filed by the Federal Highway Administration (FHwA) after the agency had made additional findings on remand. The fact that the district court remanded the case to the agency under an order from this court did not deprive the district court of jurisdiction. The court rejects plaintiffs' argument that they received all the relief they sought when this court previously held that the Secretary's original approval of the parkway did not comply with §4(f) of the Department of Transportation Act, thereby eliminating any case or controversy from the lawsuit. That one party may have become satisfied at a given procedural stage in the litigation does not deprive the courts of Article III jurisdiction. The court holds that the district court did not abuse its discretion in denying plaintiffs' motion to voluntarily dismiss its complaint. Since both parties acquired a right for further proceedings after the remand, the FHwA would have suffered legal prejudice had the complaint been dismissed. The court holds that the district court did not abuse its discretion in denying plaintiffs' motion for additional discovery on the FHwA summary judgment motion. The court holds that the district court properly refused to award attorney fees to plaintiffs, since plaintiffs did not achieve the primary result it sought—to prevent the construction of the parkway.

[Previous decisions in this case are published at 15 ELR 21082 and 17 ELR 20797.]

Counsel for Plaintiffs-Appellants
David F. Walbert
Walbert & Hermann
Suite 500, 100 Peachtree St., Atlanta GA 30303
(404) 584-8238

Counsel for Appellees
Myles E. Eastwood, Ass't U.S. Attorney
75 Spring St. SW, Atlanta GA 30335
(404) 221-6954

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and HAND[*], Chief District Judge.