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Carson v. Alvord

Citation: 10 ELR 20566
No. No. C79-1937A, 487 F. Supp. 1049/(N.D. Ga., 03/20/1980)

On cross motions for summary judgment in a suit seeking injunctive relief against federal financing of a housing project, the court rules that plaintiffs do not have a cause of action under the National Environmental Policy Act, the National Historic Preservation Act, or the Archaeological and Historic Preservation Act. Assuming without deciding that plaintiffs have a cause of action under the Administrative Procedure Act, the court finds that none of the environmental and other findings made by defendants were arbitrary and capricious. Summary judgment is therefore awarded to defendants.

Counsel for Plaintiffs
Gregory A. Griffin
Johnson, Griffin & Jones
301 Washington Ave. SE, Marietta GA 30060
(404) 427-8466

Counsel for Federal Defendants
Curtis Anderson, Asst's U.S. Attorney
428 U.S. Cthse., 56 Forsythe St., Atlanta GA 30303
(404) 221-6954

Counsel for Private Defendants
Trammell E. Vickery, J. Allen Maines, Jane C. Fugate
Hansell, Post, Brandon & Dorsey
3300 First Nat'l Bank Tower, Atlanta GA 30303
(404) 581-8000