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BENTON FRANKLIN RIVERFRONT TRAILWAY v. LEWIS

No. 81-3617.

701 F.2d 784 (1983)

The BENTON FRANKLIN RIVERFRONT TRAILWAY AND BRIDGE COMMITTEE, Plaintiff-Appellant, v. Drew LEWIS, Individually, and Elizabeth H. Dole, as Secretary of the United States Department of Transportation; City of Pasco, Washington; and City of Kennewick, Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 15, 1983.

Attorney(s) appearing for the Case

Nancy Y. Bekavac, Munger, Tolles & Rickershauser, Los Angeles, Cal., for plaintiff-appellant.

Nancy C. Shanahan, San Francisco, Cal., for amicus curiae Nat'l Trust for Historic Preservation.

Robert M. Sweeney, Asst. U.S. Atty., Spokane, Wash., Robert B. Rutledge, Portland, Or., Greg Rubstello, Pasco, Wash., William L. Cameron, Kennewick, Wash., for defendants-appellees.

In the United States District Court for the Eastern District of Washington.

Before SNEED, ANDERSON, and REINHARDT, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

This appeal questions the decision to demolish the Pasco-Kennewick Truss Bridge constructed in 1922 across the Columbia River in the State of Washington. Appellant, The Benton Franklin Riverfront Trailway and Bridge Committee, argues the bridge cannot be demolished as the Secretary of Transportation has not complied with the Department of Transportation Act of 1966, Section 4(f), Pub.L. No. 89-670, 80 Stat. 931, 49 U.S.C. §...

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