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COLLIN COUNTY, TEX. v. HOMEOWNERS ASS'N (HAVEN)

Civ. A. No. CA3-84-0376-D.

716 F.Supp. 953 (1989)

COLLIN COUNTY, TEXAS, et al., Plaintiffs, v. HOMEOWNERS ASSOCIATION FOR VALUES ESSENTIAL TO NEIGHBORHOODS (HAVEN), et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

June 30, 1989.

Attorney(s) appearing for the Case

Thomas W. Luce, III, David Bryant (argued), R. Matthew Molash (argued), and John E. Castaneda, of Hughes & Luce, Dallas, Tex., for Collin County, Texas and as representative of the plaintiff's group consisting of the City of Dallas, Tex., City of Garland, Tex., City of Plano, Tex., and City of Richardson, Tex.

Patrick R. Cowlishaw (argued) of Cohan, Simpson, Cowlishaw, Aranza & Wulff, Dallas, Tex., for City of Carrollton, Tex.

David Frederick (argued) of Law Office of David Frederick, Austin, Tex., and Mary E. Kelly of Henry, Kelly and Bunch, Austin, Tex., for HAVEN.

Marvin Collins, U.S. Atty. and Mary Ann Moore, Asst. U.S. Atty., Dallas, Tex., for Federal defendants.

Rodney D. Parrott, Asst. Atty. Gen., Highway Div., Austin, Tex., for State defendants.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

In this action to obtain a judgment declaring that a final environmental impact statement ("FEIS") for a state highway complies with the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq., the court must decide whether a declaratory judgment action may properly be maintained and whether the FEIS was adopted in accordance with the appropriate procedure. Answering both questions...

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