PLAN FOR ARCADIA, INC. v. ANITA ASSOCIATES

No. 73-2480-JWC.

379 F.Supp. 311 (1973)

PLAN FOR ARCADIA, INC., etc., et al., Plaintiffs, v. ANITA ASSOCIATES and Santa Anita Consolidated, Inc., et al., Defendants.

United States District Court, C. D. California.

December 12, 1973.


Attorney(s) appearing for the Case

Phil C. Westbrook, Jr., James W. Colbert, III, O'Melveny & Myers, Los Angeles, Cal., Barrett, Stearns, Collins, Gleason & Kinney, Inc., Torrance, Cal., for defendants Santa Anita Consolidated, Inc., and Anita Associates.

William D. Keller, U. S. Atty., James R. Dooley, Asst. U. S. Atty., Los Angeles, Cal., H. Charles Eckerman, Asst. Regional Counsel, Region 9, Environmental Protection Agency, San Francisco, Cal., for Russell Train as Administrator, Environmental Protection Agency.

Evelle J. Younger, Atty. Gen., Carl Boronkay, Asst. Atty. Gen., Henry Ullerich, Atty. Gen.'s Office, Los Angeles, Cal., for Ronald Reagan as Governor of State of California.

Evelle J. Younger, Atty. Gen., Carl Boronkay, Asst. Atty. Gen., Jeffrey C. Freedman, Atty. Gen.'s Office, Los Angeles, Cal., for John Maga as Executive Officer of California Air Resources Board.

John W. Whitsett, Los Angeles, Cal., for Robert G. Lunche, Acting Air Pollution Control Officer for Los Angeles County Air Pollution Control District.

Robert D. Ogle, City Atty., Arcadia, Cal., for Arcadia City Council.

John C. McCarthy and Young, Henrie & McCarthy, Pomona, Cal., Paul, Hastings, Janofsky & Walker, William B. Campbell, Los Angeles, Cal., for plaintiffs.


MEMORANDUM OPINION DENYING PRELIMINARY INJUNCTION AND DISMISSING COMPLAINT

CURTIS, District Judge.

On October 23, 1973, this action was commenced on behalf of a group of residents and property owners of the City of Arcadia to enjoin the further construction in that City of a new shopping center (Santa Anita Fashion Park) upon the grounds that when completed this facility would attract such a concentration of vehicular traffic as would raise ambient air pollution...

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