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MORRIS CTY. TRUST FOR HISTORIC PRESERV. v. PIERCE

No. 82-5656.

714 F.2d 271 (1983)

MORRIS COUNTY TRUST FOR HISTORIC PRESERVATION, Morris County Historical Society, and Robert Thompson v. PIERCE, Samuel R., in His Capacity as Secretary of the United States Department of Housing and Urban Development; Town of Dover Redevelopment Agency, a body corporate and politic of the State of New Jersey; and Frank Dill, in His Capacity as Building Inspector of the Town of Dover. Appeal of Samuel R. PIERCE, Secretary of Housing and Urban Development.

United States Court of Appeals, Third Circuit.

Decided July 29, 1983.

Rehearing and Rehearing Denied October 3, 1983.

Attorney(s) appearing for the Case

Carol E. Dinkins, Asst. Atty. Gen., W. Hugh Dumont, U.S. Atty., Lorraine S. Gerson, Asst. U.S. Atty., Newark, N.J., Peter R. Steenland, Jr., Martin Green (argued), Attys., Dept. of Justice, Washington, D.C., for appellants.

Mark L. First (argued), Jamieson, McCardell, Moore, Peskin & Spicer, Trenton, N.J., for appellees.

Before SEITZ, Chief Judge, SLOVITER, Circuit Judge and POLLAK, District Judge.

Rehearing and Rehearing En Banc Denied October 3, 1983.

OPINION OF THE COURT

SEITZ, Chief Judge.

Samuel R. Pierce, Secretary of the United States Department of Housing and Urban Development (hereinafter referred to as HUD), appeals an order of the district court permanently enjoining demolition of the Old Stone Academy by the Town of Dover Redevelopment Authority (TDRA) until HUD conducts a historical and cultural resource review pursuant to section...

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