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PLEUNE v. PIERCE

No. 87 CV 2736.

765 F.Supp. 43 (1991)

Joan PLEUNE, Vernice Akpan, Elva Jiminez, and 467 Pacific Street Tenants' Association, Plaintiffs, v. Samuel R. PIERCE, Jr., individually and in his capacity as Secretary of the United States Department of Housing and Urban Development; Joseph D. Monticciolo, individually and in his capacity as Regional Administrator of Region II of the United States Department of Housing and Urban Development; Edward I. Koch, individually and in his capacity as Mayor of the City of New York; Roger Altman, individually and in his capacity as the Chairman of the New York City Public Development Corporation; Paul A. Crotty, individually and in his capacity as the Commissioner of the New York City Department of Housing Preservation and Development; and Rose Associates, Defendants.

United States District Court, E.D. New York.

May 22, 1991.

Attorney(s) appearing for the Case

John C. Gray, Jr., Brooklyn Legal Services Corp. B (Jane Greengold Stevens, Raun J. Rasmussen, Russell Engler, of counsel), Brooklyn, N.Y., for plaintiffs.

Andrew J. Maloney, U.S. Atty., E.D.N.Y. (Paul Weinstein, Howard M. Schmeltzer, Richard Price, of counsel), Brooklyn, N.Y., for federal defendants.

Victor A. Kovner, Corp. Counsel of the City of New York (Susan M. Shapiro, Renee Hill, of counsel), New York City, for mun. defendants.

Kaye, Scholer, Fierman, Hays & Handler (Richard Seltzer, Suzanne Jaffe, of counsel), New York City, for defendant Rose Associates.

MEMORANDUM AND ORDER

NICKERSON, District Judge:

Plaintiffs bring this action pursuant to the Administrative Procedure Act, 5 U.S.C. § 702, et seq., contending that in approving the Atlantic Terminal Project (Project), a mixed-use development project in Brooklyn, defendants failed adequately to consider the Project's impact on low and moderate income residents in violation of the Housing and Community...

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