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Knaust v. Kingston, City of

ELR Citation: 29 ELR 21037
Nos. 97-6287, 157 F.3d 86/(2d Cir., 09/04/1998) Appeal moot

The court holds moot property owners appeal of a district court's denial of their motion for a preliminary injunction to enjoin federal funding and construction of a proposed business park. The property owners claim that the business park poses an imminent threat to the environment, and that the park's stormwater system would contaminate a subterranean water source on their property and, thus, interfere with their proposed commercial mushroom farm. The court first holds that the property owners' claim is moot. The park's construction is finished, the final disbursement of federal funds has been made, and there are no pending applications for additional federal financing. The court then holds that the property owners' claim is not capable of repetition, yet evading review. The elapsed time that gave rise to mootness was simply a product of an extended delay before the district court ruled, not some inherent limitation on the time interval between the receipt of a grant award and the disbursement of funds that would inhibit judicial review. Further, nothing has been shown to suggest that the property owners will confront any like situation in the future.

[The district court's decision in this litigation is published at 28 ELR 20289.]

Counsel for Plaintiffs
John J. Privitera
McNamee, Lochner, Titus & Williams
75 State St., Albany NY 12201
(518) 447-3200

Counsel for Defendants
Michael J. Moore
Ward, Sommer & Moore
Plaza Office Ctr.
122 S. Swan St., Albany NY 12210
(518) 472-1776

Before Feinberg and Walker, JJ.