Natural Resources Defense Council, Inc. v. Grant

Civil No. 754 (E.D.N.C. October 4, 1972)

On remand from the Fourth Circuit Court of Appeals, the District Court grants plaintiffs' motion for a temporary restraining order against further activity on the Chicod Creek Watershed Project and requires plaintiffs to post only a nominal $100 security bond. For prior opinions concerning the bond issue in this case, see 2 ELR 20185, 2 ELR 20467, 2 ELR 20555, and 2 ELR 20467.

Counsel for Plaintiffs
J. G. Speth
Natural Resources Defense Council, Inc.
1710 N St., N.W.
Washington, D.C. 20036

Richard J. Wertheimer
Norton F. Tennille, Jr.
Arnold & Porter
1229 Nineteenth St., N.W.
Washington, D.C. 20036

John G. Shaw
Clark, Clark, Shaw & Clark
210 E. Russell St.
Fayetteville, N.C. 28302

Counsel for Defendant
Warren Coolidge U.S. Attorney
John R. Hughes Ass't U.S. Attorney
U.S. Courthouse
Raleigh, N.C.

Counsel for Intervenors
Clifton Everett
Everett & Cheatham
Railroad St.
Bethel, N.C. 27891

Charles B. Winberry
Briggs, Meadows, & Batts
225 So. Franklin
Rocky Mtn., N.C. 27801

Frank W. Wooten, Jr.
113 W. 3rd St.
Greenville, N.C. 27834

[2 ELR 20648]

Larkins, J.

TEMPORARY RESTRAINING ORDER

Plaintiffs having moved for a temporary restraining order and a preliminary injunction barring defendants from taking any further steps to authorize, finance, or otherwise pursue construction of the Chicod Creek Watershed Project pending final judicial determination of this action; and

This Court having received briefs and supporting affidavits and having heard oral argument on plaintiffs' motion for such preliminary injunctive relief; and

This Court having been advised that intervenor Pitt County Drainage District Number Nine did issue, on September 25, 1972, a new invitation for bids for the construction of the Project;

NOW, THEREFORE, IT IS HEREBY ORDERED AND DECREED that, pending a determination by this Court of the pending motion by plaintiffs for a preliminary injunction pendence lite, defendants Kenneth E. Grant, Hollis R. Williams, Earl L. Butz, James V. Smith, Jesse L. Hicks and Larry Tucker, and their agents, successors, employees and attorneys, and all persons acting in active concert and participation with them, be and hereby are enjoined and restrained from taking any further steps to contract for, or commence construction or installation of the Chicod Creek Watershed Project.

IT IS FURTHER ORDERED AND DECREED that, in connection with the foregoing temporary restraining order, plaintiffs post, within five days hereof, security in the amount of One Hundred Dollars ($100).

Dated this 4th day of October, 1972 at New Bern, North Carolina.