COALITION AGAINST A RAISED EXPRESSWAY v. DOLE

No. 86-7892.

835 F.2d 803 (1988)

COALITION AGAINST A RAISED EXPRESSWAY, INC., Plaintiff-Appellee, Cross-Appellant. Downtown Mobile Unlimited, Mobile Historic Development Commission, Historic Mobile Preservation Society, Oakleigh Garden Society, East Church Street Development Assoc., Old Dauphin Way Association, Plaintiffs, Cross-Appellants, National Trust for Historic Preservation, Plaintiff-Intervenor, Appellee, v. Elizabeth DOLE, in her official capacity as Secretary of the U.S. Department of Transportation, and Ray Barnhart, in his official as Administrator of the Federal Highway Administration, Defendants-Appellants, Cross-Appellees, Royce G. King, in official capacity as Director of the State of Alabama Highway Department, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 13, 1988.


Attorney(s) appearing for the Case

Edward J. Vulevich, Jr., Asst. U.S. Atty., Mobile, Ala., Jacques B. Gelin, Appellate Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., James E. Scapellato, Regional Counsel, Federal Highway Adm., Atlanta, Ga., for Dole.

Jack F. Norton, Jerry Weidler, Montgomery, Ala., for State of Ala.

Wade B. Perry, Jr., Johnstone, Adams, Bailey, Gordon & Harris, W. Alexander Gray, Jr., Mobile, Ala., Barry J. Cutler, O'Connor & Hannan, Washington, D.C., for Coalition, et al.

Elizabeth Merritt, David A. Doheny, Washington, D.C., for National Trust for Historic Preservation.

Before FAY, Circuit Judge, HENDERSON, Senior Circuit Judge, and FORRESTER, District Judge.


FAY, Circuit Judge:

Plaintiffs1 appeal the district court's holding that the Federal Highway Administration ("FHWA") made a good faith study of the alternatives to and the impacts of an elevated downtown expressway, as well as the holding that the FHWA complied with the cooperative planning process mandated by 23 U.S.C. § 134 (1982). Defendants2 appeal the decision of the district court to enjoin the construction...

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