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PARK AND RIVER ALLIANCE, INC. v. SLATER

No. 98-2795.

177 F.3d 1062 (1999)

PARK AND RIVER ALLIANCE, INC., individually and on behalf of the State of Minnesota, Plaintiff-Appellant, v. Rodney E. SLATER, Secretary of Transportation, United States Department of Transportation; The Federal Highway Administration; Minnesota Department of Transportation; City of Minneapolis, Minnesota; Minneapolis Park and Recreation Board, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed May 25, 1999.

Attorney(s) appearing for the Case

Grant J. Merritt, Minneapolis, MN (argued), for Plaintiff-Appellant.

William R. Sierks, Assistant Attorney General, St. Paul, MN, argued, for Defendants-Appellees.

Before: RICHARD S. ARNOLD, JOHN R. GIBSON, and BOWMAN, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

This is a suit under Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. § 303(c). The plaintiffs allege that aspects of a proposed five-mile highway corridor in Minneapolis, Minnesota, known as the Hiawatha Avenue Corridor, violate this statute. The District Court1 dismissed the suit, holding it barred by the six-year statute of limitations, 28 U.S.C. § 2401(a). On appeal...

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