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NATIONAL CENTER FOR PRESERVATION LAW v. LANDRIEU

No. 80-1597.

635 F.2d 324 (1980)

NATIONAL CENTER FOR PRESERVATION LAW, Preservation Society of Charleston, The Charlestown Neighborhood Association, Charlestown Village Association, Appellants, v. Moon LANDRIEU, as Secretary of the Department of Housing and Urban Development; Robert T. Hall, as Assistant Secretary of Commerce and Administrator for Economic Development of the Economic Development Administration; Richard H. Jenrette, as Chairman, and David K. Wilson, as Vice Chairman of the Advisory Council on Historic Preservation; and Joseph P. Riley, Jr., as Mayor of the City of Charleston, South Carolina, a municipal corporation, Appellees. The Municipal Association of South Carolina, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Patricia A. Barald, William M. Paul, Washington, D. C. (Theodore L. Garrett, David F. Williams, Covington & Burling, Washington, D. C., Mary Ann Marwick, Summerville, S. C., Henry Lord, Piper & Marbury, Baltimore, Md., on brief), for appellants.

Charlotte R. Bell, Dept. of Justice, Washington, D. C. (Anthony C. Liotta, Acting Asst. Atty. Gen., Washington, D. C., Thomas E. Lydon, U. S. Atty., Columbia, S. C., Heidi Solomon, Asst. U. S. Atty., Charleston, S. C., Anne S. Almy, Dept. of Justice, Washington, D. C., on brief), for Federal appellees.

Marc L. Fleischaker, Columbia, S. C. (James A. Kidney, Charles R. Claxton, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., William B. Regan, Alice Paylor, Corp. Counsel, Charleston, S. C., on brief), for appellee, City of Charleston.

Huger Sinkler, Charleston, S. C. (M. William Youngblood, Sinkler Gibbs & Simons, Charleston, S. C., on brief), for amicus curiae Municipal Ass'n of South Carolina.

Before WINTER, PHILLIPS and MURNAGHAN, Circuit Judges.

PER CURIAM:

Plaintiffs, three organizations of local citizens, many of whose members live in the residential neighborhoods adjacent to the Charleston Center Project proposed to be built in the heart of Charleston, South Carolina's Old and Historic District, appeal from a summary judgment entered against them. In the district court they sought, on a number of legal theories, declaratory and injunctive relief to prevent the Department of Housing and Urban Development...

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