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CITIZENS FOR SMART GROWTH v. PETERS

Case No. 07-14122-CIV.

716 F.Supp.2d 1215 (2010)

CITIZENS FOR SMART GROWTH, a Florida Non Profit Corporation; Odias Smith, an individual; and Katie Smith; an individual, Plaintiffs, v. Mary E. PETERS, Secretary, Department of Transportation; J. Richard Capka, Administrator, Federal Highway Administration; David C. Gibbs, P.E., Division Administrator, Federal Highway Administration, Florida Division; and, Stephanie C. Kopelousos, Secretary, Florida Department of Transportation, Defendants.

United States District Court, S.D. Florida, Ft. Pierce Division.

May 3, 2010.

Attorney(s) appearing for the Case

Virginia Pitt Sherlock , Littman Sherlock & Heims, Stuart, FL, Janelle P. Eurick , Jeffrey W. Appel , Ray Quinney & Nebeker PC, Salt Lake City, UT, for Plaintiffs.

Steven R. Petri , United States Attorney's Office, Fort Lauderdale, FL, Daniel D. Richardson , Lewis Longman & Walker, Jacksonville, FL, for Defendants.

ORDER GRANTING SUMMARY JUDGMENT AND DENYING INJUNCTION

JOSE E. MARTINEZ, District Judge.

This action is before the court on Federal Defendants' Motion for Summary Judgment (D.E. 78), Plaintiffs' Motion for Summary Judgment (D.E. 82), and Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (D.E. 121). Plaintiffs are seeking to enjoin the construction of the proposed and approved Indian...

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