RESIDENTS IN PROTEST—I-35E v. DOLE

No. Civ. 3-83-346.

583 F.Supp. 653 (1984)

RESIDENTS IN PROTEST—I-35E, a Minnesota nonprofit corporation, State of Minnesota by Residents in Protest— I-35E, West Seventh/Fort Road Federation, State of Minnesota by West Seventh/Fort Road Federation, and Richard F. Coates, Gwendolyn J. Coates, Robert Kuehn, Opal Kuehn, George Picka, Blanche Picka, Charles Repke, Jr., Michele Repke, Raymond C. Wood, Diane Wood, Robin L. Howard, Patsy Tupper, Stanley S. Todora, Ann M. Todora, Karen H. Avaloz, Cindy York, Charles M. Locks, William L. Klas, Louise A. Klas, Daniel A. Klas, Mary Louise Klas, Davitt Felder, Jeanne Felder, D. Ward Johnson, Charlotte Johnson, David M. Lilly, Perrin B. Lilly, Thomond R. O'Brien, Alvina W. O'Brien, and John R. Rupp, each individually and on behalf of the State of Minnesota, Plaintiffs, v. Elizabeth DOLE, Secretary of the United States Department of Transportation, individually and in her official capacity, Ray Barnhart, Administrator, Federal Highway Administration, individually and in his official capacity, Richard Braun, Commissioner of the Minnesota Department of Transportation, individually and in his official capacity, the Metropolitan Council and its members, individually and in their official capacity, the City of Saint Paul, and the St. Paul City Planning Commission and its members, individually and in their official capacity, Defendants.

United States District Court, D. Minnesota, Third Division.

February 10, 1984.


Attorney(s) appearing for the Case

Robert J. Sheran, David A. Allgeyer, Richard T. Ostlund, Lindquist & Vennum, Minneapolis, Minn., for plaintiffs.

John T. Hoeft, Staff Counsel, St. Paul, Minn., and Peter K. Beck, Minneapolis, Minn., for defendant Metropolitan Council and its Members.

William A. Caldwell, Sp. Asst. Atty. Gen., and Eric Schultz, St. Paul, Minn., for defendant Richard Braun, Com'r of the Dept. of Transp., State of Minn.

James E. Lackner, Asst. U.S. Atty., Minneapolis, Minn., for defendants Elizabeth Dole and Ray Barnhart.

Jerome J. Segal, Asst. City Atty., St. Paul, Minn., for defendants City of St. Paul, St. Paul Planning Com'n and its Members.


MEMORANDUM ORDER

MAGNUSON, District Judge.

I.

INTRODUCTION

This matter is before this court upon plaintiffs' request for injunctive relief to prevent completion of a segment of I-35E along what is referred to as the Pleasant Avenue corridor. A court trial was held between January 9, 1984 and January 31, 1984. Robert J. Sheran, Esq., David A. Allgeyer, Esq., and Richard T. Ostlund, Esq., appeared for plaintiffs. William A. Caldwell, Special...

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