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COMMITTEE TO PRESERVE BOOMER LAKE PARK v. DOT

No. 92-6198.

4 F.3d 1543 (1993)

COMMITTEE TO PRESERVE BOOMER LAKE PARK, an unincorporated association, Plaintiff-Appellant, v. DEPARTMENT OF TRANSPORTATION, Samuel K. Skinner, Secretary of the United States Department of Transportation; Oklahoma Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 14, 1993.

Attorney(s) appearing for the Case

John R. Couch, Jr., Stillwater, OK, for plaintiff-appellant.

Katherine L. Adams, Dept. of Justice (Vicki A. O'Meara, Acting Asst. Atty. Gen., Washington, DC, Tony Graham, U.S. Atty., Oklahoma City, OK, Steven Mullins, Asst. U.S. Atty., Tulsa, OK, John A. Bryson, Dept. of Justice, Jean Rogers, Office of Sol., with her, on the brief), Washington, DC, for defendant-appellee James B. Busey.

Dennis R. Box, Williams, Box, Forshee, Synar & Bullard, Oklahoma City, OK (Cydney Campbell, Williams, Box, Forshee, Synar & Bullard, Oklahoma City, OK, Mary Ann Karns, City Atty., Stillwater, OK, with him, on the brief, for City of Stillwater, Norman N. Hill, Gen. Counsel, Oklahoma City, OK, with him, on the brief, for OK Dept. of Transp.), for defendants-appellees OK Dept. of Transp. and City of Stillwater.

Before BALDOCK, HOLLOWAY, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

This appeal stems from the proposed federal funding of a four-lane highway through Boomer Lake Park in Stillwater, Oklahoma. The Committee to Preserve Boomer Lake Park alleges the Federal Highway Administration's decision to fund the highway violated § 4(f) of the Transportation Act, and further alleges the agency's decision not to conduct an environmental impact statement was erroneous.

Background

Boomer Lake Park is...

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