TRIANGLE IMPROVEMENT COUNCIL v. RITCHIE

Civ. A. No. 68-183.

314 F.Supp. 20 (1969)

TRIANGLE IMPROVEMENT COUNCIL, a non-profit organization created and organized under the laws of the State of West Virginia, as an individual, by and in behalf of its officers and members et al., individually and on behalf of all others similarly situated, Plaintiffs, v. William S. RITCHIE, Commissioner, State Road Commission of the State of West Virginia, O. R. Colan, Director of Right of Way Division, State Road Commission of the State of West Virginia, Elmer H. Dodson, Mayor of the City of Charleston, West Virginia, the City of Charleston, West Virginia, a city corporate and body politic, the City Council of the City of Charleston, the corporate board of that city, John Volpe, individually and as Secretary of Transportation of the United States, Lowell K. Bridwell, individually and as Administrator of the Federal Highway Administration of the United States and Frances C. Turner, individually and as Director of the Bureau of Public Roads of the United States, Defendants.

United States District Court, S. D. West Virginia, Charleston Division.

July 2, 1969.


Attorney(s) appearing for the Case

John L. Boettner, Jr. (Legal Aid Society), Charleston, W. Va., for plaintiffs.

Stanley E. Preiser, Preiser, Greene & Hunt, and Anthony Halkias, Charleston, W. Va., Legal Division, State Road Commission, for William S. Ritchie and O. R. Colan, defendants.

B. Duffy Horan, City Sol., Charleston, W. Va., W. Warren Upton, Asst. U. S. Atty., Charleston, W. Va., for John Volpe et al., defendants.


MEMORANDUM OPINION

JOHN A. FIELD, Jr., Chief Judge.

This dispute involves the location of a small segment of the Federal Interstate and National Defense Highway System as it is presently planned in a section of Charleston, West Virginia. The highway segment in question penetrates what is known as the Triangle area of Charleston which is populated predominately by low-income families of the negro race. The disputed routing was approved in August 1964, and...

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