JERSEY HEIGHTS NEIGHBORHOOD ASS'N v. GLENDENING

No. 98-1804.

174 F.3d 180 (1999)

The JERSEY HEIGHTS NEIGHBORHOOD ASSOCIATION, a non-profit membership association; Charles K. Whittington; Ann V. Church; Daniel Appleby, The Reverend; James Boone; Billy Chandler; Rita Chandler; Elsie M. Trader; Dwight Waters; Madeline Waters; Starr Sherrie Waters, by her next friends Dwight and Madeline Waters; Shirley Winder, Plaintiffs-Appellants, v. Parris N. GLENDENING, in his official capacity as Governor of the State of Maryland; State Of Maryland; Parker F. Williams, in his official capacity as Administrator of the Maryland State Highway Administration; Maryland State Highway Administration (MSHA); David L. Winstead, in his official capacity as Secretary of the Maryland Department of Transportation; Maryland Department of Transportation (MDOT); Federal Highway Administration; Rodney E. Slater, in his official capacity as Secretary of the United States Department of Transportation; United States Department of Transportation, Defendants-Appellees, and Philip L. Tilghman, in his official capacity as President of the Wicomico County Council; Theodore Shea, in his official capacity as Acting Director of the Wicomico County Planning and Zoning Office; Wicomico County, Maryland, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1999.


Attorney(s) appearing for the Case

ARGUED: Steven Paul Hollman, Hogan & Hartson, L.L.P., Washington, D.C., for Appellants. Lawrence Paul Fletcher-Hill, Assistant Attorney General, Baltimore, Maryland, for state Appellees; Eileen Therese McDonough, United States Department of Justice, Washington, D.C., for federal Appellees. ON BRIEF: Deborah A. Jeon, American Civil Liberties Union Foundation of Maryland, Centreville, Maryland; Sherrilyn Ifill, The Public Justice Center, Inc., Baltimore, Maryland, for Appellants. J. Joseph Curran, Jr., Attorney General of Maryland, Linda D. Strozyk, Assistant Attorney General, Margaret Witherup Tindall, Staff Attorney, Baltimore, Maryland, for state Appellees; Lois J. Schiffer, Assistant Attorney General, Environment and Natural Resources Division, Andrea Berlowe, Robert L. Klarquist, United States Department of Justice, Washington, D.C.; Allen F. Loucks, Assistant United States Attorney, Baltimore, Maryland, for federal Appellees.

Before WILKINSON, Chief Judge, and WILKINS and KING, Circuit Judges.


OPINION

WILKINSON, Chief Judge:

Residents of the community of Jersey Heights, Maryland challenge the siting of a new highway adjacent to their neighborhood. They assert claims against state and federal agencies and officials under the Federal-Aid Highway Act, the National Environmental Policy Act, Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and the Maryland Environmental Policy Act, as well as...

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