CLAIRTON SPORTSMEN'S CLUB v. PENN. TURNPIKE COM'N

Civ. A. No. 94-1114.

882 F.Supp. 455 (1995)

The CLAIRTON SPORTSMEN'S CLUB, a Pennsylvania corporation, Christopher A. Smith, an individual, 31st Ward Citizens Council, Inc., a Pennsylvania nonprofit corporation, Mount Washington Community Development Corporation, a Pennsylvania non-profit corporation, Pasquale A. Capolupo, an individual, Richard Clark, an individual, Jefferson United Association, an unincorporated association, Plaintiffs, v. PENNSYLVANIA TURNPIKE COMMISSION, Pennsylvania Department of Transportation and the Federal Highway Administration, Defendants, and Mon Valley/Fayette Expressway Association, an unincorporated association, Mon Valley Progress Council, Inc., a Pennsylvania non-profit corporation, Greater Charleroi Industrial Development Corporation, a Pennsylvania non-profit corporation, Middle Monongahela Industrial Development Association, Inc., a Pennsylvania non-profit corporation, Washington County Council on Economic Development, a Pennsylvania non-profit corporation, Monongahela Rotary Club, a Pennsylvania non-profit corporation, Monongahela Area Chamber of Commerce, an unincorporated association, Monessen Chamber of Commerce, a Pennsylvania non-profit corporation, California Chamber of Commerce, a Pennsylvania non-profit corporation, County of Washington, a political subdivision, City of Monongahela, a political subdivision, Township of Carroll, a political subdivision, Township of Fallowfield, a political subdivision, Borough of California, a political subdivision, Borough of Charleroi, a political subdivision, Borough of Donora, a political subdivision, Borough of Elco, a political subdivision, Borough of North Belle Vernon, a political subdivision, Borough of Stockdale, a political subdivision, Irey Construction, Inc., a Pennsylvania corporation, Jaycee Foods, Inc., a Pennsylvania corporation, Rischitelli Trucking, Inc., a Pennsylvania corporation, Corning Consumer Products, Inc., a New York corporation, Lee Supply Co., Inc., a Pennsylvania corporation, and Peter J. Daley, an individual, Intervenor-Defendants, and Fayette County Expressway Completion Organization, Amicus Curiae.

United States District Court, W.D. Pennsylvania.

April 3, 1995.


Attorney(s) appearing for the Case

Anthony P. Picadio, Picadio, McCall, Kane & Norton, Pittsburgh, PA, for plaintiffs.

Charles B. Gibbons, Michael J. Manzo, Klett, Lieber, Rooney & Schorling, Pittsburgh, PA, for Pennsylvania Turnpike Com'n.

Robert J. Shea, John M. Hrubovcak, Harrisburg, PA, for Pennsylvania Dept. of Transp.

Michael C. Colville, U.S. Atty's. Office, Pittsburgh, PA, for Federal Highway Admin.

John M. Purcell, Davis & Davis, Uniontown, PA, for amicus curiae Fayette County Expressway Completion Organization.

Steve M. Nolan, Mollica Murray & Hogue, Pittsburgh, PA, for intervenor-defendants.


OPINION

CINDRICH, District Judge.

This is an action for review of a decision to build a seventeen mile, $413 million limited access highway, from Interstate 70 to Route 51 near Large, Pennsylvania, a point short of the major metropolitan area in the region. The immediate issues raised by this decision concern vehicle traffic. Barely below the surface and directly connected to the traffic issues, however, are matters of economics, land development...

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