COALITION OF CONCERNED CITIZENS TO MAKE ART SMART; 2706 Central Avenue LLC, a New Mexico Limited Liability Company; Fox Plaza LLC, a New Mexico Limited Liability Company; Julie Stephens; Jean Bernstein; Marc Bernstein, Plaintiffs-Appellants, and
Maria Bautista; Stella Padilla; Joseph Aguirre; Mildred "Mimi" Lopez; Armond Chakarian; Max Macauley; Yara Estrada; La Michoacana Restaurant; Western View Restaurant; Albuquerque Barbershop; Mixx Restaurant; G-Mart Convenience Store; Rain Tunnel Car Spa; H & D Tire Shop; Turbo Tireshop; Route 66 Apartments; El Chante: Casa De Cultura, Plaintiffs,
v.
FEDERAL TRANSIT ADMINISTRATION OF U.S. DEPARTMENT OF TRANSPORTATION, an Agency of the United States; Anthony Foxx, Secretary of the United States Department of Transportation, in his official capacity; Robert C. Patrick, Regional Director for Region VI of the Federal Transit Administration, in his official capacity; Donald R. Koski, Director, Planning and Program Development of the Federal Transit Administration, in his official capacity; City of Albuquerque, New Mexico, a municipal corporation; Richard J. Berry, Mayor of Albuquerque, in his official capacity; Bruce Rizzieri, Director, ABQ-Ride Transit, in his official capacity, Defendants-Appellees, and
Robert J. Perry; Michael Riordan; Albuquerque City Council; Isaac Benton; Kenneth Sanchez; Pat Davis; Klarissa Pena; Brad Winter; Dan Lewis; Diane G. Gibson; Trudy Jones; Don Harris, in their official capacities as Albuquerque City Councilors; Federal Transportation Administration; Therese McMillan, Acting Administrator of the Federal Transportation Administration, Defendants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
December 13, 2016.
December 13, 2016.
Attorney(s) appearing for the Case
John W. Boyd , of Freedman Boyd Hollander Goldberg Urias & Ward, P.A. ( Yolanda R. Gallegos , of Gallegos Legal Group, with him on the briefs), Albuquerque, New Mexico, for Plaintiffs-Appellants.
J. David Gunter II , Attorney, Environment and Natural Resources Division, U.S. Department of Justice ( John C. Cruden , Assistant Attorney General; Tyler L. Burgess , Attorney, Environment and Natural Resources Division, U.S. Department of Justice; and Andrew A. Smith , Attorney, Environment and Natural Resources Division, U.S. Department of Justice, with him on the brief), Washington, D.C., for Federal Transit Administration, Anthony Foxx, Robert C. Patrick, and Donald Koski, Defendants-Appellees.
Marla L. Lien , of Kaplan Kirsch & Rockwell LLP, Denver, Colorado ( Jessica M. Hernandez , City Attorney, and Kristin J. Dalton , Assistant City Attorney, Albuquerque, New Mexico; Lori Potter , Attorney, and W. Eric Pilsk , Attorney, of Kaplan Kirsch & Rockwell LLP, Denver, Colorado, with her on the brief), for City of Albuquerque, Mayor Richard J. Berry, and Bruce Rizzieri, Defendants-Appellees.
Before TYMKOVICH, Chief Judge, BALDOCK and BRISCOE, Circuit Judges.
BRISCOE, Circuit Judge.
Plaintiffs, a group of entities and individuals that own businesses or real property located on Central Avenue in Albuquerque, New Mexico, filed this action seeking to enjoin the City of Albuquerque (the City) from proceeding with construction of a rapid transit bus system along Central Avenue. Plaintiffs claim, in pertinent...
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