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QUINCE ORCHARD VALLEY CITIZENS ASS'N v. HODEL

No. 88-2803.

872 F.2d 75 (1989)

QUINCE ORCHARD VALLEY CITIZENS ASSOCIATION, INC.; West Riding Citizens Association, Inc., Plaintiffs-Appellants, v. Donald P. HODEL, as Secretary of the U.S. Department of Interior; James H. Burnley, IV, as Secretary of the U.S. Department of Transportation; Raymond A. Barnhart, as Administrator of the Federal Highway Administration; Sidney Kramer, as County Executive of Montgomery County; Robert McGarry, as Director of Montgomery County Department of Transportation; Elvin R. Heiberg, III, General, as Commander of the U.S. Army Corps of Engineers, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1989.

Attorney(s) appearing for the Case

Randal Michael Shaheen (David S. Eggert, Arnold & Porter, on brief), for plaintiffs-appellants.

Michael Paul Healy (David F. Shuey, Dirk D. Snel, Dept. of Justice, Roger J. Marzulla, Asst. Atty. Gen., Breckinridge L. Willcox, U.S. Atty., David P. King, Asst. U.S. Atty., on brief), Joseph Michael Mott (Miles & Stockbridge, on brief), for defendants-appellees.

Before ERVIN, Chief Judge, BUTZNER, Senior Circuit Judge, and JACKSON L. KISER, United States District Judge for the Western District of Virginia, sitting by designation.

ERVIN, Chief Judge:

The Quince Orchard Valley Citizens Association and the West Riding Citizens Association ("the Associations") filed this action for declaratory and injunctive relief. The Associations hope to halt construction of a new four lane road, the proposed Great Seneca Highway, through the Seneca State Park. They contend that officials of Montgomery County, Maryland ("the County") and various federal agencies connected with this road project have failed...

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