BRYANT v. NEW JERSEY DEPT. OF TRANSP.

No. CIV. A. 97-1397.

1 F.Supp.2d 426 (1998)

Lillian E. BRYANT, Lillian W. Bryant, Carl Briscoe, Gustavia Ellis, Pierre Hollingsworth, Michael F. Johnson, Elwood S. Davis, First Ward Civic Association, Third Ward Civic Association and West Side Protective Homeowners Association, Plaintiffs, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION, State of New Jersey, South Jersey Transportation Authority, Mirage Resorts Incorporated, New Jersey Transportation Trust Fund Authority and Casino Reinvestment Development Authority, Defendants.

United States District Court, D. New Jersey.

May 18, 1998.


Attorney(s) appearing for the Case

Stanley C. Van Ness, Karen L. Cayci, Herbert, Van Ness, Cayci & Goodell, Princeton, NJ, for Plaintiffs.

Edward N. Fitzpatrick, Benjamin Clarke, William J. Bailey, DeCotiis, Fitzpatrick & Gluck, Teaneck, NJ, for Defendant, Mirage Resorts, Inc.

Peter Verniero, Attorney General of New Jersey, Jeffrey J. Miller, Jerry Fischer, Assistant Attorneys General, Josh Lichtblau, Kevin Marc Schatz, Robert Marshall, Deputy Attorneys General, Trenton, NJ, for Defendants, State of New Jersey, New Jersey Department of Transportation and New Jersey Transportation Trust Fund Authority.

Thomas Edward Monahan, Jean L. Cipriani, Gilmore & Monahan, P.A., Toms River, NJ, for Defendant, South Jersey Transportation Authority.

Theodore W. Geiser, Patrick J. McAuley, Liza M. Walsh, Mark D. Haefner, Connell, Foley & Geiser, LLP, Roseland, NJ, for Defendant, Casino Reinvestment Development Authority.

Renee Steinhagen, Public Interest Law Center of New Jersey, An Appleseed Affiliate, Newark, NJ, for Amicus Curiae.

Bill Lann Lee, Acting Assistant Attorney General, Joan A. Magagna, Acting Chief, Housing and Civil Enforcement Section, Joseph D. Rich, Burtis M. Dougherty, Attorneys, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, Washington, DC, Faith S. Hochberg, United States Attorney, Louis J. Bizzarri, Assistant United States Attorney, Camden, NJ, for Intervenor, United States.


OPINION

ORLOFSKY, District Judge.

The plaintiffs filed this action to prevent the construction of a highway and tunnel through their neighborhood which will require the condemnation of several homes and will allegedly cause flooding, noise and traffic problems. The plaintiffs claim that this project will have a disparate impact on their predominantly African-American community in violation of United States Department of Transportation regulations promulgated...

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