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O'Brien v. Brinegar

Citation: 4 ELR 20831
No. No. 3-74-Civ-164, 379 F. Supp. 289/7 ERC 2039/(D. Minn., 08/05/1974)

The court is without jurisdiction to hear plaintiffs' NEPA claims for a temporary injunction against further demolition of an allegedly architecturally unique building since no federal action is involved. In addition, the court finds that plaintiffs lack standing under the "injury in fact" test of Sierra Club v. Morton, and that even if the jurisdictional and standing issues were viewed in plaintiffs' favor, the suit would most probably be barred by laches.

Counsel for Plaintiffs
Charles K. Dayton
3036 University Avenue, N.E.
Minneapolis, Minn. 55418

Counsel for Defendants
Robert G. Renner U.S. Attorney
Thorwald H. Anderson, Jr. Asst. U.S. Attorney
U.S. Courthouse
Minneapolis, Minn. 55401

Eric B. Schultz
Jack Sjoholm, Jr. Asst. Attorneys General
State Capitol
St. Paul, Minn. 55103

Pierre Regnier Deputy City Attorney
15 W. Kellogg Boulevard
St. Paul, Minn. 55102

Counsel for Intervenor St. Paul Area Chamber of Commerce
Kenneth P. Griswold
Ruttenberg, Orren, Griswold, Norton & Bernet
Commerce Building
St. Paul, Minn. 55101