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D. C. FEDERATION OF CIVIC ASSOCIATIONS, INC. v. AIRIS

No. 21416.

391 F.2d 478 (1968)

D. C. FEDERATION OF CIVIC ASSOCIATIONS, INC., et al., Appellants, v. Thomas F. AIRIS, as Director of the District of Columbia Department of Highways and Traffic, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 15, 1968.

Attorney(s) appearing for the Case

Messrs. Roberts B. Owen and Gerald P. Norton, Washington, D. C., for appellants.

Mr. John R. Hess, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corporation Counsel, Hubert B. Pair. Principal Asst. Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellee Airis.

Mr. Edmund B. Clark, Attorney, Department of Justice, with whom Messrs. S. Billingsley Hill and Thomas L. McKevitt, Attorneys, Department of Justice, were on the brief, for appellee National Capital Planning Commission, et al. Acting Asst. Atty. Gen. J. Edward Williams and Mr. Roger P. Marquis, Attorney, Department of Justice, also entered appearances for appellee National Capital Planning Commission, et al.

Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.

PER CURIAM:

The primary question presented on appeal in this declaratory judgment and injunction action is whether the District of Columbia officials responsible for the planning and construction of highway projects in the District have been authorized by Congress to disregard the requirements of Title 7 of the D.C.Code, particularly §§ 7-108 to 7-115, in the planning and construction of four links of the proposed District of Columbia freeway system. We...

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