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SOUTHWEST WILLIAMSON COUNTY COMMUNITY ASSOC. v. SLATER

No. 00-5075.

243 F.3d 270 (2001)

SOUTHWEST WILLIAMSON COUNTY COMMUNITY ASSOCIATION, INC., a non-profit Tennessee Corporation, Plaintiff-Appellant, v. Rodney E. SLATER, in his official capacity as Secretary of the United States Department of Transportation; Jane F. Garvey, in her official capacity as Acting Administrator, Federal Highway Administration; John Bruce Saltsman, Sr., in his official capacity as Commissioner, Tennessee Department of Transportation; James Scapellato, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 14, 2001.

Attorney(s) appearing for the Case

ARGUED: Joe W. McCaleb (argued and briefed), Hendersonville, Tennessee Richard A. Parrish, Southern Environmental Law Center, Charlottesville, VA, for Southwest Williamson County Community Ass'n, Inc., for appellant.

Michael L. Roden, ASSISTANT UNITED STATES ATTORNEY, (argued and briefed), Office of the U.S. Atty., Nashville, Tennessee, James C. Thomason, III, Regional Counsel, Office of the Federal Highway Admin., Atlanta, GA, for Rodney E. Slater, Jane F. Garvey, and James Scapellato.

Michael L. Roden, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Michael W. Catalano, Assoc. Solictor Gen. (argued and briefed), OFFICE OF THE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees.

ON BRIEF: Joe W. McCaleb, Hendersonville, Tennessee, for Appellant.

Michael L. Roden, ASSISTANT UNITED STATES ATTORNEY, Nashville, Tennessee, Michael W. Catalano, OFFICE OF THE ATTORNEY GENERAL, Nashville, Tennessee, for Appellees.

James C. Thomason, III, Regional Counsel, Office of the Federal Highway Admin., Atlanta, GA, for John Bruce Saltsman, Sr.

Before: BOGGS and MOORE, Circuit Judges; DOWD, District Judge.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Southwest Williamson County Community Association ("Association") appeals the district court's denial of its application for a preliminary injunction to halt construction on Route 840 South, a 77-mile length of highway which was designed to bypass Nashville, Tennessee by running south of the city and connecting Interstate 40 ("I-40") West, which radiates west of the city, and I-40 East. The issue...

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