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McLean Gardens Residents Ass'n v. National Capital Planning Comm'n

Citation: 2 ELR 20659
No. No. 2042-72, 4 ERC 1708/(D.D.C., 10/01/1971)

An injunction is granted prohibiting the razing of a medium-density, low and middle income garden apartment and dormitory complex to make way for a high-density shopping and residential complex including mostly upper-middle income housing. The role played by the National Capital Planning Commission in processing the applications for development presented by the D.C. Zoning Commission is found to be a "major federal action," and the proposed redevelopment is found to have a "significant impact" within the meaning of § 102 (2) (C) of NEPA, and the defendants are accordingly ordered to prepare an impact statement before proceeding. Although plaintiffs had raised the NEPA issue in previous litigation against the Zoning Commission's approval of the redevelopment plan, that issue had not been ruled upon in the previous case, and the present court finds no res judicata. The lack of serious delay which has caused injury precludes the use of laches as a defense.

Counsel for Plaintiffs
Gladys Kessler
Berlin, Rossman & Kessler
1712 N Street, N.W.
Washington, D.C. 20036

Thomas C. Matthews, Jr.
Stephen N. Truitt
Wald, Harkrader & Ross
1320 19th Street, N.W.
Washington, D.C. 20036

Counsel for Defendants
Norman M. Glasgow
Whayne S. Quin
Wilkes & Artis
700 Tower Building
Washington, D.C. 20005

Louis P. Robbins
William Donnelly
Office of Corporation Counsel
14th and E Streets, N.W.
Washington, D.C. 20004

Daniel Shear
Martin Klauber
National Capital Planning Commission
1325 G Street, N.W.
Washington, D.C.