COMMUNITIES, INC. v. BUSEY

Nos. 91-3222, 91-5386.

956 F.2d 619 (1992)

COMMUNITIES, INC.; Dulworth & Rives, Inc.; Prestonia Area Neighborhood Association; Highland Park Neighborhood Association; Standiford Neighborhood Association, Petitioners, v. James B. BUSEY, Administrator, Federal Aviation Administration; Federal Aviation Administration, Respondents, Regional Airport Authority of Louisville and Jefferson County, Kentucky, Intervening Respondent. COMMUNITIES, INC., Petitioner, v. Samuel K. SKINNER, Secretary of the United States Department of Transportation; United States Department of Transportation, Respondents, Regional Airport Authority of Louisville and Jefferson County, Kentucky, Intervening Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1992.

Rehearing and Rehearing Denied April 3, 1992.


Attorney(s) appearing for the Case

Robert E. Reeves (briefed), Todd E. Leatherman (briefed), W. Henry Graddy, IV (argued and briefed), Reeves & Graddy, Versailles, Ky., for Communities, Inc. and Dulworth & Rives, Inc.

Joseph M. Whittle, U.S. Atty., David L. Huber, Asst. U.S. Atty., Louisville, Ky., Peter R. Steenland (briefed), M. Alice Thurston (argued and briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for Samuel K. Skinner and U.S.

Michael M. Conway (briefed), Michael Schneiderman (argued), Hopkins & Sutter, Chicago, Ill., Robert W. Griffith, Stites & Harbison, Louisville, Ky., for Regional Airport Authority of Louisville and Jefferson County.

Eleanore M. Garber, William H. Allison, Jr., Allison, Soreff & Garber, Joe G. Leibson, Louisville, Ky., for Prestonia Area Neighborhood Ass'n, Highland Park Neighborhood Ass'n and Standiford Neighborhood Ass'n.

Peter R. Steenland (briefed), Dept. of Justice, Land and Natural Resources Div., J.E. Murdock, III, Robert F. Eisengrein, F.A.A., Office of Gen. Counsel, M. Alice Thurston (briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for James B. Busey and F.A.A.

Elizabeth S. Merritt (argued and briefed), Andrea C. Ferster (briefed), Washington, D.C., for National Trust for Historic Preservation in the U.S., amicus curiae.

Frank Shafroth (briefed), Washington, D.C., for the National League of Cities, amicus curiae.

Donald L. Cox (briefed), Lynch, Cox, Gilman & Mahan, Louisville, Ky., for City of Louisville, Ky. and Jefferson County, Ky., amicus curiae.

J. Thomas Cochran (briefed), Washington, D.C., for the U.S. Conference of Mayors, amicus curiae.

Ronn E. Harding (briefed), Deputy Asst. Chief Counsel, FAA, Atlanta, Ga., for FAA.

Before JONES and NELSON, Circuit Judges, and ROSEN, District Judge.


Rehearing and Rehearing En Banc Denied April 3, 1992.

NATHANIEL R. JONES, Circuit Judge.

Petitioners, Communities, Inc. and others, seek review of a Federal Aviation Administration ("FAA") order approving the Louisville Airport Improvement Plan ("LAIP"). For the reasons that follow, we deny the petition and affirm the FAA's decision.

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Standiford Field ("SDF") is centrally located within...

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