FRIENDS OF PIONEER STREET BRIDGE CORP. v. F.H.W.A.

No. 2:01-CV-114.

150 F.Supp.2d 637 (2001)

FRIENDS OF PIONEER STREET BRIDGE CORP., Plaintiff, v. FEDERAL HIGHWAY ADMINISTRATION ("FHWA"); Vincent Schimmoler, in his capacity as Deputy Executive Director of FHWA; Norman Mineta, in his capacity as Secretary of the U.S. Department of Transportation; Charles E. Basner, in his capacity as FHWA Division Administrator for Vermont; Kenneth Sikora, in his capacity as FHWA Environmental Program Manager for the Pioneer Street Bridge Project; Vermont Agency of Transportation ("VTRANS"); Brian Searles, in his capacity as Secretary of VTRANS; Micque Glitman, in her capacity as Deputy Secretary of VTRANS; Dennis Benjamin, in his capacity as Environmental Chief; John Perkins, in his capacity as VTRANS Director of Technical Services, Defendants, and Frederick Bashara, d/b/a Launderama; Guy's Farm & Yard; Barre Street Beverage & Redemption Center; DC's Hair Creations; Property Design, Inc.; S/R Janitorial Services, Inc.; Fothergill, Segale & Valley, P.C.; Steve's Small Engine Repair; Barre Street Market; Fisher Auto Parts, Inc.; Dernavich Associates, Inc., d/b/a Desilets Granite Company; I B's Auto Repair; Aja-Zorzi Farm; Berlin Veterinary Clinic; Bevin's Marine & Cycle Center, Inc.; James A. Palmisano, Esq.; National Clothes Pin Company, Inc.; Northeast Granite Company; Montpelier Granite Works, Inc.; Lamberton Electric; George's Auto; Allen Lumber Company; Honda Unlimited; Barrett Enterprises; LIL' Duke & Son; Walbridge Electric, Inc.; the Source; Ageless Industrial Marking; Granite & Quartzite Centre Inc.; S.L. Garand Company, Inc.; Garand-Teed Granites, Inc.; and Trading Post, Defendant-Intervenors.

United States District Court, D. Vermont.

June 29, 2001.


Attorney(s) appearing for the Case

Cindy Ellen Hill, Law Office of Cindy Hill, Middlebury, VT, for plaintiff.

Nancy J. Creswell, AUSA, Office of the United States Attorney, District of Vermont, Burlington, VT, for Charles E. Basner, Kenneth Sikora.

Thomas Radford Viall, Vermont Agency of Transportation, Montpelier, VT, John Kevin Dunleavy, Vermont Agency of Transportation, National Life Building, Montpelier, VT, for defendants.

Michael Popowski, III, Law Office of Michael Popowski, Northfield, VT, for defendant-intervenors.


OPINION AND ORDER

SESSIONS, District Judge.

This is an appeal from the administrative record regarding the fate of the historic Pioneer Street Bridge in Montpelier, Vermont. The Friends of the Pioneer Street Bridge Corporation ("FPSB" or "Plaintiff"), a nonprofit corporation, brought this action under the Administrative Procedures Act. The original defendants to this action were the Federal Highway Administration ("FHWA"), the Vermont Agency of Transportation...

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