Arkansas Community Organization for Reform Now v. Coleman
Arkansas Community Organization for Reform Now v. Coleman
Opinion of the Court
This is an appeal from the entry of an order by the district court
Appellants have attempted to prevent or delay further construction of the Wilbur D. Mills Freeway, designed as a six-lane, controlled access, divided expressway running across the city of Little Rock from east to west between 1-30 and 1-430. In the district court appellants contended that the Secretary of Transportation had not made environmental findings required by section 4(f) of the Transportation Act of 1966
Appellees contended that ACORN’s claims were entirely without merit. It was
In reaching the merits of ACORN’s claims, the district court found that McArthur Park and Kanis Park will not be impacted by the highway project to the extent that the environmental impacts will amount to a constructive use of the parks. Accordingly, the court concluded that it was not necessary for the Secretary of Transportation to make affirmative section 4(f) findings. Section 4(f) provides that no part of a public park may be “used” for federal highway purposes unless the Secretary finds that there is no feasible or prudent alternative to such a use and that all possible planning has been done to minimize harm to the park. See 49 U.S.C. § 1653(f) (1970). See also 23 U.S.C. § 138 (1970). Moreover, the trial court found that adequate and appropriate plans existed for ensuring the orderly and efficient relocation of people compelled to move from their homes because of the highway construction. See 42 U.S.C. § 4601 et seq. (1970). Finally, the district court found that the environmental impact statements were inadequate, particularly in the area of alternatives and alternatives relating to the design of the project, and concluded that the statements would have to be rewritten.
Consequently, the district court exercised its remedial discretion by enjoining further construction of the eastern segment
Generally, appellants contend that the district court erred by failing to require a section 4(f) statement, concluding that adequate relocation plans were available, refusing to grant injunctive relief with regard to the western segment of the highway, and failing to enjoin condemnation of real estate necessary to ensure relocation of Parham School.
A cross-appeal has also been filed by the state appellees, i. e., individual members of the Arkansas State Highway Commission and the Director of the Arkansas State Highway Department. Principally, the cross-appellants assert that the trial court erred by declaring the environmental impact statements to be inadequate, requiring new statements to be prepared as outlined in the district court opinion and granting injunctive relief with respect to the eastern segment of the project.
We affirm on the basis of the well-reasoned opinion of the district court. Arkansas Community Organization For Reform Now v. Brinegar, 398 F.Supp. 685 (E.D.Ark. 1975). We are satisfied that the findings of the district court are amply supported by the record and no error of law is apparent. See Rule 14.
Affirmed.
Cross-appellants in No. 75-1777 move this court for leave to proceed in the United States District Court, Eastern District of Arkansas, Western Division, with a motion under Rule 60(b), Fed.R.Civ.P., for relief from judgment and clarification of judgment. More specifically, they urge that it is no longer equitable that the terms of the injunction entered herein have prospective application in certain respects (rule 60(b)(5)) because changed operative facts surrounding the project support modifications serving substantial justice. For example, they urge that utility adjustments and relocations need to be accomplished during the allowed voluntary acquisition stage of the project. Cross-appellees resist cross-appellants’ motion contending that cross-appellants are seeking to reverse the judgment of the district court which was affirmed by this court on appeal.
We are satisfied that a decree may not normally be changed if the purposes of the litigation have not been fully achieved. However, unforeseen hardships and/or changing conditions may require modifications. Flavor Corporation of America v. Kemin Industries, Inc., 503 F.2d 729 (8th Cir. 1974). See also United States v. Swift & Co., 286 U.S. 106, 114, 52 S.Ct. 460, 462, 76 L.Ed. 999, 1005 (1932). The need for clarification is largely within the discretion of the trial court.
In the instant case, the trial court retained jurisdiction “for all appropriate purposes.” 388 F.Supp. at 700. Leave is granted cross-appellants to seek relief in the district court under Rule 60(b). We express no opinion with respect to the merits thereof.
. The Honorable J. Smith Henley, Circuit Judge. At the inception of this action Judge Henley was sitting as United States District Judge for the Eastern District of Arkansas and subsequently was appointed to the Eighth Circuit Court of Appeals.
. 42 U.S.C. § 4332(C) (1970).
. 49 U.S.C. § 1653(f) (1970).
. 23 U.S.C. § 138 (1970).
. 42 U.S.C. § 4601 et seq. (1970).
. Since new environmental impact statements were ordered to be prepared, the court did not reach the issue of whether the FHWA had impermissibly delegated its responsibility to prepare the statements.
. The district court denominated the part of the highway project east of Dennison Street in Little Rock as the eastern segment and the part of the project west of University Avenue as the western segment.
. Cross-appellants request that the original trial judge, now Circuit Judge J. Smith Henley, be specially designated to hear this cause. This is a matter to be considered by the district court.
Reference
- Full Case Name
- ARKANSAS COMMUNITY ORGANIZATION FOR REFORM NOW v. William T. COLEMAN, Jr., Individually and as Secretary of the United States Department of Transportation, Appellees Maurice SMITH v. ARKANSAS COMMUNITY ORGANIZATION FOR REFORM NOW
- Cited By
- 5 cases
- Status
- Published