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CITIZENS FOR SMART GROWTH v. DEPT. OF TRANSP.

No. 11-11056.

669 F.3d 1203 (2012)

CITIZENS FOR SMART GROWTH, a Florida Non Profit Corporation, Odias Smith, an individual, Kathie Smith, an individual, Plaintiffs-Appellants, v. SECRETARY OF the DEPARTMENT OF TRANSPORTATION, J. Richard Capka, Administrator, Federal Highway Administration, Division Administrator, Federal Highway Administration, Florida Division, Florida Department of Transportation, Secretary Stephanie C. Kopelousos, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 6, 2012.

Attorney(s) appearing for the Case

Janelle Eurick Bauer , Maria E. Heckel , Jeffrey W. Appel , Ray Quinney & Nebeker, PC, Salt Lake City, UT, Virginia Sherlock , Littman, Sherlock & Heims, PA, Stuart, FL, for Plaintiffs-Appellants.

Brian C. Toth , ENRD, DOJ, Washington, DC, Wifredo A. Ferrer , Anne R. Schultz , Miami, FL, Steven R. Petri , Asst. U.S. Atty., Beverly A. Pohl , Barbara Viota-Sawisch , Broad & Cassel, Fort Lauderdale, FL, Marc Allen Peoples , Florida Department of Transportation, Tallahassee, FL, Daniel Deon Richardson , Lewis, Longman & Walker, PA, Jacksonville, FL, for Defendants-Appellees.

Before WILSON and COX, Circuit Judges, and RESTANI, Judge.

WILSON, Circuit Judge:

This appeal concerns the actions and decisions of the Federal Highway Administration ("FHWA") and the Secretary of the Florida Department of Transportation ("FDOT") during the planning and development of the Indian Street Bridge Project in Martin County, Florida. Appellants Odias Smith, Katie Smith, and Citizens for Smart Growth (collectively, "Citizens") brought suit under the Administrative Procedure Act, 5 U.S.C. §§ 701-706, alleging...

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