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Loveland, City of v. Pierce

ELR Citation: 13 ELR 20857
Nos. No. C-1-82-972, 564 F. Supp. 76/(S.D. Ohio, 03/11/1983)

The court declines to enjoin a subsidized housing project, holding that plaintiffs have failed to show irreparable harm or likely success on the merits of their claims that defendants violated certain federal laws including the National Environmental Policy Act. The court initially holds that the Department of Housing and Urban Development (HUD) complied with agency neighborhood site-selection regulations and agency regulations requiring the project to be consistent with the County Housing Assistance Plan. The court then rules that the environmental clearance performed by the agency was an adequate basis for its determination that an environmental impact statement was not required. The court rules that housing projects are presumed to have no significant effect on the environment, when, as in this case, they are consistent with local zoning. The court holds that HUD's awareness that the developer had evaluated two other sites satisfies the requirement that HUD consider alternatives to the project. Therefore, plaintiffs have not shown that they are likely to succeed on their claims that defendants acted in an arbitrary and capricious manner. The court finds that plaintiffs are unlikely to suffer irreparable harm from construction of the 37-unit project. Finally, the court finds that an injunction would cause substantial harm to the developer and potential residents of the project and would not be in the public interest.

Counsel for Plaintiffs
Leonard Slutz, Eric Holzpfel
Wood, Lamping, Slutz & Rockman
800-900 Tri-State Bldg., Cincinnati OH 45202
(513) 852-6000

Counsel for Defendants
Nicholas J. Pantel, Ass't U.S. Attorney
220 P.O. & Cthse., 5th & Walnut Sts., Cincinnati OH 45202
(513) 684-3711

Counsel for Amicus Curiae
Mary Asbury
Legal Aid Society
901 Elm St., Cincinnati OH 45202
(513) 241-9400