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WESTERN N.C. ALLIANCE v. N.C. DEPT. OF TRANSP.

No. 5:02-CV-343-BO(3).

312 F.Supp.2d 765 (2003)

WESTERN NORTH CAROLINA ALLIANCE, Citizens for Transportation Planning, Smart Growth Partners of Western North Carolina, Inc., and North Carolina Alliance for Transportation Reform Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Lyndo Tippett, Federal Highway Administration, and Nicolas Graf, Defendants.

United States District Court, E.D. North Carolina, Western Division.

July 1, 2003.

Attorney(s) appearing for the Case

Douglas A. Ruley, Asheville, NC, for Western North Carolina Alliance, Citizens for Transportation Planning, Smart Growth Partners of Western North Carolina, Inc., North Carolina Alliance for Transportation Reform, plaintiffs.

Frederick C. Lamar, N.C. Attorney General Office, Raleigh, NC, Lisa C. Glover, N.C. Department of Transportation, Attorney General's Office, Raleigh, NC, R.A. Renfer, Jr., Asst. U.S. Attorney, Office of U.S. Attorney, Raleigh, NC, for North Carolina Department of Transportation, Lyndo Tippett, Secretary, Ncdot, Federal Highway Administration, Nicholas Graf, Division Administrator, Fhwa, defendants.

ORDER

TERRENCE W. BOYLE, Chief Judge.

This matter is before the Court on Plaintiffs' and Defendants' Cross-Motions for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The matters have been fully briefed and are ripe for ruling.

BACKGROUND

This suit arises out of the planned expansion of I-26 from four to six lanes between NC 225 and NC 280. The project, designated as I-4400, is a stretch of 13...

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