DALSIS v. HILLS

Civ. No. 76-450.

424 F.Supp. 784 (1976)

Virginia DALSIS and David Wisner, Plaintiffs, v. Carla A. HILLS, Secretary of Department of Housing and Urban Development, et al., Defendants.

United States District Court, W. D. New York.

December 3, 1976.


Attorney(s) appearing for the Case

Richard J. Lippes, Sargent & Lippes, Buffalo, N. Y., for plaintiffs.

Edward J. Wagner, Asst. U. S. Atty., Richard J. Arcara, U. S. Atty., Buffalo, N. Y., for defendants Hills and Cerabone.

David M. Franz, Shane & Franz, Olean, N. Y., for defendants Butchello and L'Alcove.


MEMORANDUM AND ORDER

ELFVIN, District Judge.

A store proprietor and a non-resident property owner seek to enjoin construction already in progress of an enclosed shopping mall in the City of Olean, New York at its presently contemplated size. They allege that the Department of Housing and Urban Development ("HUD") failed to comply with the requirements of the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4331 et seq., in that ...

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