HIRAM CLARKE CIVIC CLUB, INC. v. LYNN

No. 72-1268.

476 F.2d 421 (1973)

HIRAM CLARKE CIVIC CLUB, INC., etc., et al., Plaintiffs-Appellants, v. James T. LYNN, Individually and as Secretary of the Department of Housing & Urban Development, et al., Defendants-Appellees, Libo, Inc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 3, 1973.


Attorney(s) appearing for the Case

Hellmut A. Erwing, O. K. Jerden, Houston, Tex., for plaintiffs-appellants.

Anthony J. P. Farris, U. S. Atty., Jack Shepherd, Chief Asst. U. S. Atty., Theo W. Pinson, III, James R. Gough, Asst. U. S. Attys., W. Edwin Denman, Vernon E. Fewell, Houston, Tex., Kent Frizell, Asst. Atty. Gen., Edmund B. Clark, Larry G. Gutterridge, Attys., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and MOORE and RONEY, Circuit Judges.


RONEY, Circuit Judge:

In this action appellants seek to enjoin the federal funding of a proposed low and moderate income apartment project in Houston, Texas. Appellants contend that the failure of the Department of Housing and Urban Development to file an environmental impact statement bars it from further funding of the project. The District Court denied injunctive and declaratory relief. We affirm, holding that the threshold determination made by HUD not to file...

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