KELLY v. ROMNEY

Civ. A. No. 3691.

316 F.Supp. 840 (1970)

Leo L. KELLY, John and Emma Byrd, Ira Lee and Ophelia Harper, Walter M. and Katie M. Byrd, on behalf of themselves and all others similarly situated, Plaintiffs, v. George W. ROMNEY, Secretary of the United States Department of Housing and Urban Development, Frances D. Fisher, Regional Administrator, Region IV Renewal Section, U. S. Department of Housing and Urban Development, Dave Hall, as Mayor and in his representative capacity as City Commissioner of the City of Dayton, Ohio, Graham W. Watt, City Manager of the City of Dayton, Ohio, Dayton View Neighborhood Council, Robert A. Flynn, Director, Plan Board, City of Dayton, Ohio, Jackson J. Perry, Director of Welfare, City of Dayton, Ohio, Joseph D. Wine, Dayton View Stabilization Director, City of Dayton, Ohio, King Wrecking Company, and City of Dayton, Ohio, a Municipal Corporation, Defendants.

United States District Court, S. D. Ohio, W. D.

February 25, 1970.


Attorney(s) appearing for the Case

James Rice, Dayton, Ohio, William Davis, Columbus, Ohio, for plaintiffs.

Robert Steinberg, Asst. U. S. Atty., Dayton, Ohio, for defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW JUDGMENT

WEINMAN, Chief Judge.

In this action plaintiffs seek injunctive relief restraining the City of Dayton from demolishing and purchasing more property for an "open-space" park project encompassing thirty-two separate parcels of land which is funded in part by the United States Department of Housing and Urban Development (hereinafter sometimes referred to as H.U.D.). At the present time the City of Dayton has...

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