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MOUNTAINBROOK HOMEOWNERS ASS'N, INC. v. ADAMS

No. A-C-79-106.

492 F.Supp. 521 (1979)

MOUNTAINBROOK HOMEOWNERS ASSOCIATION, INC., a non-profit North Carolina Corporation; William Pfeiffer and wife, Leigh Pfeiffer; Herbert Moore and wife, Loretta Moore; Walter W. Rule, Jr., and wife, Nancy Rule; and Charles A. Martin, Senior Warden, St. Luke's Episcopal Church and Dan Wall, Junior Warden, St. Luke's Episcopal Church, Plaintiffs, v. Brock ADAMS, Secretary of the Department of Transportation of the United States of America; Carl Bowers, Acting Administrator of the Federal Highway Administration; Thomas W. Bradshaw, Jr., Secretary of the North Carolina Department of Transportation; Billy Rose, Highway Administrator, Division of Highways, of the North Carolina Department of Transportation; Earl McEntire, Division Engineer of the 13th Highway Division of the North Carolina Department of Transportation; and H. C. Reed, Jr., Project Engineer, Division of Highways, North Carolina Department of Transportation; Asheville Contracting Company, Inc., a North Carolina Corporation and Baxter H. Taylor, Defendants.

United States District Court, W. D. North Carolina, Asheville Division.

July 31, 1979.

Attorney(s) appearing for the Case

Long, McClure, Parker, Hunt & Trull, P. A. by Robert B. Long, Jr. and David E. Matney, III, Asheville, N. C., for plaintiffs.

Adams, Hendon & Carson, P. A. by George Ward Hendon, Asheville, N. C., for Asheville Contracting Co. and Baxter H. Taylor.

James B. Richmond, Sp. Deputy Atty. Gen., Raleigh, N. C., for state defendants.

Harold M. Edwards, U. S. Atty., Asheville, N. C., for Federal defendants.

MEMORANDUM OF DECISION

WOODROW WILSON JONES, Chief Judge.

The Plaintiffs alleged that the Defendants have violated the National Environmental Policy Act, hereinafter referred to as "NEPA", 42 U.S.C.A. Section 4321 et seq., and the rules and regulations promulgated thereunder, brought this action seeking both preliminary and permanent injunctive relief. Specifically, the Plaintiffs allege that the Defendants have failed to comply with the provisions of the...

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