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BUSINESS & RESIDENTS ALLIANCE OF EAST HARLEM v. JACKSON

Docket No. 04-4493-CV.

430 F.3d 584 (2005)

BUSINESS AND RESIDENTS ALLIANCE OF EAST HARLEM, an unincorporated association, Raymond Plumey, P.C., John Kozler, Irene Smith, and Pasquale Palmieri, Plaintiffs-Appellants, Gloria Quinones, Thomas Donovan, and Charles Iulo, Plaintiffs, v. Alphonso JACKSON, in his official capacity as Secretary of the United States Department of Housing and Urban Development, Michael O. Leavitt, in his official capacity as Secretary of the United States Department of Health and Human Services, Upper Manhattan Empowerment Zone Corporation, New York Empowerment Zone Corporation, and Tiago Holdings, LLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 22, 2005.

Attorney(s) appearing for the Case

Kevin J. Farrelly, Law Offices of Kevin J. Farrelly, New York, NY, for Plaintiffs-Appellants.

Lawrence H. Fogelman, Assistant United States Attorney for the Southern District of New York for David N. Kelley, United States Attorney (Sara L. Shudofsky, Assistant United States Attorney, of counsel), New York, NY, for Defendants-Appellees Alphonso Jackson and Michael O. Leavitt.

O. Peter Sherwood, Manatt, Phelps & Phillips, LLP, New York, NY, for Defendants-Appellees Upper Manhattan Empowerment Zone Development Corporation and New York Empowerment Zone Corporation.

Karen Binder, Wachtel & Masyr, LLP (Jesse Masyr, of counsel), New York, NY, for Defendant-Appellee Tiago Holdings, LLC.

Before: CALABRESI, KATZMANN, and B.D. PARKER, Circuit Judges.

KATZMANN, Circuit Judge.

The New York City Empowerment Zone was created pursuant to a Congressional act and was awarded $100 million in federal block grants to foster the revitalization of economically distressed areas. This case raises an issue of first impression: whether the Zone's subsequent use of those federal funds in connection with individual projects triggers the historic preservation review process set forth in Section 106 of the National Historic Preservation...

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