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UNITED NEIGHBORS CIVIC ASS'N OF JAMAICA v. PIERCE

No. 83 CIV 0181.

563 F.Supp. 200 (1983)

UNITED NEIGHBORS CIVIC ASSOCIATION OF JAMAICA, INC., Alexander Murphy, Mildred Murphy, Max Gray, Dorothy Gray, Bernice Mercer, Andrew Mercer, Hulda Major, Agnes Wilkens and Moses Wilkens, Plaintiffs, v. Samuel R. PIERCE, Jr., as United States Secretary of Housing and Urban Development, Anne M. Gorsuch, as United States Environmental Protection Agency Administrator, Edward Koch, as Mayor of the City of New York, and Northeastern Conference of Seventh Day Adventists, Defendants.

United States District Court, E.D. New York.

May 5, 1983.

Attorney(s) appearing for the Case

Paul E. Kerson, Kew Gardens, N.Y., for plaintiffs.

Raymond J. Dearie, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., for defendants Pierce and Gorsuch; Rodger C. Field, Asst. U.S. Atty., Brooklyn, N.Y., of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, New York City, for defendant Koch; Seth J. Cummins, Michael C. Harwood (awaiting admission), New York City, of counsel.

Koblenz & Carr, Albany, N.Y., for defendant Northeastern Conference of Seventh Day Adventists; Mark L. Koblenz, Albany, of counsel.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Plaintiffs are the United Neighbors Civic Association of Jamaica, Inc. (the "Association"), a New York not-for-profit corporation and various individual members thereof. They bring this action under the National Environmental Policy Act of 1969 ("NEPA"), § 102, 42 U.S.C. § 4332 (1976), and under the Fifth and Ninth Amendments, U.S. Const. amends. V & IX, to declare that § 102 of NEPA requires...

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