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STOP H-3 ASSOCIATION v. VOLPE

Civ. No. 72-3606.

349 F.Supp. 1047 (1972)

STOP H-3 ASSOCIATION, a Hawaiian nonprofit corporation, et al., Plaintiffs, v. John VOLPE, individually and as Secretary of the U. S. Department of Transportation et al., Defendants.

United States District Court, D. Hawaii.

October 18, 1972.

Attorney(s) appearing for the Case

Boyce R. Brown, Jr., Mattoch, Edmunds, Kemper & Brown, and Michael R. Sherwood, Hart, Sherwood, Leavitt, Blanchfield & Hall, Honolulu, Hawaii, for plaintiffs.

Jon T. Miho, Asst. U. S. Atty., and Warren H. Higa, Deputy Atty. Gen., Honolulu, Hawaii, for defendants.

DECISION AND ORDER

SAMUEL P. KING, District Judge.

For several years, the State of Hawaii and the Federal Department of Transportation have been planning the H-3 Highway from western Honolulu across the island to Kaneohe. Construction began at both ends. The middle portion of the highway right-of-way, known as the Moanalua-Haiku section (after the two valleys it would traverse), has not been cleared for construction...

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