TOWN OF BELMONT, et al., Plaintiffs, Appellees,
v.
Elizabeth DOLE, United States Secretary of Transportation, Defendant, Appellant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued April 4, 1985.
Decided June 27, 1985.
Attorney(s) appearing for the Case
Thomas H. Pacheco, Washington, D.C., with whom Robert L. Klarquist, F. Henry Habicht II, Asst. Atty. Gen., Washington, D.C., W. Steven Thayer, III, U.S. Atty., and Bruce E. Kenna, Asst. U.S. Atty., Concord, N.H., were on brief, for defendant, appellant.
Edward A. Haffer, Manchester, N.H., with whom Peter S. Cowan and Sheehan, Phinney, Bass & Green Professional Ass'n, Manchester, N.H., were on brief, for plaintiffs, appellees.
Randall Y.K. Young, Deputy Atty. Gen., and Michael A. Lilly, Atty. Gen., Honolulu, Hawaii, on brief, for State of Hawaii, amicus curiae.
John J. Beall, Jr., Sr. Asst. Atty. Gen., Richard L. Walton, Jr., Asst. Atty. Gen., Walter A. McFarlane, Deputy Atty. Gen., and Gerald L. Baliles, Atty. Gen., Richmond, Va., on brief, for Com. of Va., amicus curiae.
Roland A. Eckert, Richard A. Christopher, Sp. Asst. Attys. Gen., and Neil F. Hartigan, Atty. Gen., Chicago, Ill., on brief, for People of State of Ill., amicus curiae.
John P. Krill and Barbara S. Drake, Deputy Gen. Counsel, Office of Gen. Counsel, John M. Hrubovcak, Asst. Counsel, Dept. of Transp., and Michael H. Kline, Asst. Counsel, Dept. of Transp., Harrisburg, Pa., on brief, for Com. of Pa., amicus curiae.
Before COFFIN, BREYER and TORRUELLA, Circuit Judges.
United States Court of Appeals, First Circuit.
BREYER, Circuit Judge.
Section 4(f) of the Department of Transportation Act says in part that the Secretary of Transportation may not approve a project
requiring the use of ... land of an historic site of national, State, or local significance (as determined by the Federal, State or local officials having jurisdiction over the ... site)
unless there is no "prudent and feasible alternative to using that land." 49 U.S.C. § 303. (See Appendix...
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