7 ELR 20050 | Environmental Law Reporter | copyright © 1977 | All rights reserved


City of Boston v. Coleman

Nos. 74-1781-S and -1798-S (D. Mass. October 27, 1976)

The district court vacates its prior judgment, 5 ELR 20502, as moot and dismisses the action because a new plan was submitted and approved by the FAA.

[7 ELR 20050]

Skinner, J.:

JUDGMENT

This action came on for hearing before the court, Honorable Walter Jay Skinner, District Judge, presiding on all of the parties' Motion for Judgment pursuant to the Memorandum and Order of the United States Court of Appeals for the First Circuit entered on December 22, 1975, in these consolidated actions (Nos. 75-1418 and 75-1419), and pursuant to Fed. R. Civ. P. 41(a)(1) and 60(b)(5) and (6), and the issue having been duly heard and with the consent of all parties,

It is ORDERED and ADJUDGED:

1. That on July 14, 1975, the Federal Aviation Administration returned without approval the airport layout plan submitted by the Massachusetts Port Authority to the Federal Aviation Administration in June 1974. Subsequently, the Massachusetts Port Authority decided not to resubmit for further Federal Aviation Administration consideration that airport layout plan. On June 18, 1976, the Massachusetts Port Authority submitted for approval by the Federal Aviation Administration an airport layout plan dated June 15, 1976, revised to reflect a number of changes including the deletion of STOL/GA runway 15-33 and the construction at the ends of runways 4L and 9 of extended safety areas rather than runway extensions. The airport layout plan dated June 15, 1976, was approved by the Federal Aviation Administration on June 9, 1976.

2. That the Judgment on Fewer Than All Claims entered in these actions on July 18, 1975, hereby is vacated as moot.

3. That these actions hereby are dismissed without prejudice and without costs.


7 ELR 20050 | Environmental Law Reporter | copyright © 1977 | All rights reserved