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CITIZENS TO PRESERVE WILDERNESS PARK v. ADAMS

No. CV79-L-137.

543 F.Supp. 21 (1981)

CITIZENS TO PRESERVE WILDERNESS PARK, INC., et al., Plaintiffs, v. Brockman ADAMS, et al., Defendants.

United States District Court, D. Nebraska.

September 22, 1981.

Attorney(s) appearing for the Case

Karen B. Flowers, Lincoln, Neb., for plaintiffs.

David Kubichek, Asst. U. S. Atty., Omaha, Neb., Gary R. Welch, Asst. Atty. Gen., Lincoln, Neb., Donald C. Vosburgh, Gen. Counsel, Federal Highway Administration, Kansas City, Mo., for defendants.

MEMORANDUM OF DECISION

URBOM, Chief Judge.

A West Bypass, an expressway facility around a part of Lincoln, Nebraska, if constructed as proposed, would take a part of Wilderness Park. The legal issues are whether the federal laws touching that kind of taking have been met.

Suit has been brought under the Department of Transportation Act of October 15, 1966, 49 U.S.C. §§ 1651 et seq.; the Federal-Aid Highway Act of 1968, 23 U.S.C. §...

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