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

No. 89-1889.

915 F.2d 167 (1990)

COLLIN COUNTY, TEXAS, et al., Plaintiffs-Appellees, v. HOMEOWNERS ASSOCIATION FOR VALUES ESSENTIAL TO NEIGHBORHOODS, (HAVEN), Defendant-Appellant, v. Robert E. FARRIS, As Federal Highway Administrator, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 25, 1990.

Attorney(s) appearing for the Case

David Frederick, Mary E. Kelly, Austin, Tex., for defendant-appellant.

Thomas W. Luce, III, R. Matthew Molash, John E. Castaneda, Hughes & Luce, Dallas, Tex., for Collin County, Tex., et al. and City of Plano, Tex.

Rodney D. Parrott, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for all State defendants & plaintiff-appellee State Dept. of Hwy.

Frank J. Garza, Asst. County Atty., Dallas, Tex., for city of Dallas.

Peter L. Harlan, William H. Pool, Asst. Dist. Attys., Dallas, Tex., for County of Dallas, Tex.

Jane E. Jackson, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Dallas, Tex., for Federal defendants, Farris et al.

Patrick R. Cowlishaw, Cohan Simpson, Cowlishow, Aranza & Wulff, Dallas, Tex., for city of Carrollton, Tex.

Charles Hinton, Garland, Tex., for city of Garland, Tex.

Louis Nichols, Dallas, Tex., for city of Richardson, Tex.

Rob Morris, Asst. County Atty., Denton, Tex., for Denton County.

Jacques B. Gelin, Dirk D. Snel, Appellate Section, Dept. of Justice, Washington, D.C., for Federal defendants, Farris, et al.

Before CLARK, Chief Judge, REAVLEY and KING, Circuit Judges.

CLARK, Chief Judge:

I

Homeowners Association for Values Essential to Neighborhoods, Inc. appeals the district court's grant of summary judgment in favor of Collin County pursuant to the Declaratory Judgment Act. We vacate and dismiss.

II

Texas State Highway 190 (SH 190) is planned to be an eight-lane highway (with six additional lanes of frontage roads) that is to run east from Interstate 35E to State Highway 78. As originally proposed...

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