Case: Southwest Williamson County Community Ass’n v. Slater

3:97-cv-00734 | U.S. District Court for the Middle District of Tennessee

Filed Date: July 14, 1997

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On July 14, 1997, Southwest Williamson County Community Association, Inc., a community organization, filed a complaint against federal and state officials to block the construction of 840–South which would traverse through the Middle Tennessee counties of Dickson, Williamson, and Rutherford. The complaint alleged that the federal and state officials had not complied with Federal and State environmental laws. Specifically Plaintiffs allege that Federal and State Defendants have: violated the Fed…

On July 14, 1997, Southwest Williamson County Community Association, Inc., a community organization, filed a complaint against federal and state officials to block the construction of 840–South which would traverse through the Middle Tennessee counties of Dickson, Williamson, and Rutherford. The complaint alleged that the federal and state officials had not complied with Federal and State environmental laws. Specifically Plaintiffs allege that Federal and State Defendants have: violated the Federal Highway Administration (“FHWA”) regulations implementing the National Environmental Policy Act (“NEPA”) by violating certain public hearing requirements; have failed to prepare an Environmental Impact Statement (“EIS”); incorrectly and inadequately prepared Environmental Assessments (“EA”) and Findings Of No Significant Impact (“FONSI”); violated the Intermodal Surface Transportation Efficiency Act (“ISTEA”); and violated Tennessee law. Plaintiffs sought an injunction to halt the construction.

Federal and State Defendants moved to dismiss the Plaintiffs claims on the following grounds: (1) that the statute of limitations had expired, Defendants allege that the complaint was not filed within the six-year statute of limitations found in 28 U.S.C. § 2401(a) (2) there was no justiciable case or controversy; (3) there was no private right of action; and (4) the state law did not confer jurisdiction.

On September 15, 1997, District Judge Campbell granted Defendants motion to dismiss. Judge Campbell held that: (1) NEPA claims accrued, for statute of limitations purposes, when the FHWA approved FONSI, and (2) no private right of action existed under the ISTEA. 976 F.Supp. 1119. Plaintiffs appealed the decision to the Sixth Circuit.

On April 28, 1999, Judge Moore of the Sixth Circuit held that: (1) the Administrative Procedure Act (APA) does not apply to state agencies; (2) the issuance of the FONSI was a final agency action for statute of limitations purposes; and (3) the claim for the violation of the ISTEA may be brought under the APA. The Court of Appeals directed the lower court to determine whether the project was a “major federal action” under NEPA. 173 F.3d 1033. Plaintiffs once again moved for a preliminary injunction in the district court.

On September 10, 1999, District Court Judge Campbell, once again denied Plaintiff's motion for a preliminary injunction. Judge Campbell held that: (1) the project was not a “major federal action” under the National Environmental Policy Act (NEPA), and (2) the preliminary injunction was not warranted. 67 F.Supp.2d 875. In support of denying the preliminary injunction, Judge Campbell stated that even if the court was to assume that the construction project was major federal action under National Environmental Policy Act (NEPA), the cost of halting construction would have been substantial, and the residents of the affected area would have actually benefitted from the efficient transportation system. Additionally, Judge Campbell stated that Plaintiff delayed in bringing the suit for over ten years, and Plaintiff did not have a strong or substantial likelihood of success of merits; therefore, the injunction was denied. Plaintiffs once again appealed.

On March 14, 2001, Judge Moore of the Sixth Circuit held that: (1) action under the National Environmental Policy Act (NEPA) was not moot; (2) there are two alternative bases for finding that a non-federal project constitutes a “major federal action” such that NEPA requirements may apply; (3) the state's actions with respect to state-funded highway did not restrict or limit the federal decision-makers' choice of reasonable alternatives when granting federal approvals for the highway construction, so as to render the project a “major federal action;” and (4) the federal agencies did not have sufficient control or responsibility over the construction of the highway to influence the outcome of the project, and thus render the project a “major federal action.” 243 F.3d 270. Judge Moore concluded that because no federal agency had jurisdiction over the non-federal project, the federal defendants lacked sufficient control or responsibility over the state highway to influence the project's outcome; therefore, it was not a “major federal action.” Despite this finding, Judge Moore remanded the case because the disposition of the case did not dispose of the Plaintiff’s other claims for a declaratory judgment and a permanent injunction.

District Court Judge Campbell granted Defendants motion to dismiss after six months of Plaintiffs and Defendants filing motions supporting and opposing Plaintiff’s motion for leave to amend the complaint. The case closed on September 27, 2001.

Summary Authors

Mary Kate Sickel (11/14/2018)

People


Judge(s)

Campbell, Todd J. (Tennessee)

Attorney for Plaintiff

McCaleb, Joe W. (Tennessee)

Norris, John Langdon (Tennessee)

Attorney for Defendant

Catalano, Michael W. (Tennessee)

Corlew, Donald L. (Tennessee)

show all people

Documents in the Clearinghouse

Document

3:97-cv-00734

Docket [PACER]

SW Williamson Cty v. Slater

Sept. 27, 2001

Sept. 27, 2001

Docket
40

3:97-cv-00734

Memorandum

Southwest Williamson County Community Association v. Slater

Sept. 15, 1997

Sept. 15, 1997

Order/Opinion

976 F.Supp. 976

97-06526

Opinion

Southwest Williamson County Community Association v. Slater

U.S. Court of Appeals for the Sixth Circuit

April 28, 1998

April 28, 1998

Order/Opinion

173 F.3d 173

106

3:97-cv-00734

Memorandum

Southwest Williamson County Community Association v. Slater

Sept. 10, 1999

Sept. 10, 1999

Order/Opinion

67 F.Supp.2d 67

00-05075

Opinion

Southwest Williamson County Community Association v. Slater

U.S. Court of Appeals for the Sixth Circuit

March 14, 2001

March 14, 2001

Order/Opinion

243 F.3d 243

Docket

Last updated March 19, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Exhibits A and B attached. (Summons(es) issued). Filing fee paid in the amount of $150.00. Receipt #58686 (ks) (Entered: 07/17/1997)

July 14, 1997

July 14, 1997

2

NOTICE of Initial Case Management Conference set for 9:00 on 8/25/97 . Case referred to Magistrate Judge Juliet E. Griffin (ks) (Entered: 07/17/1997)

July 14, 1997

July 14, 1997

3

RETURN OF SERVICE executed upon deft John Bruce Saltsman Sr. on 7/14/97by personal service. (mk) (Entered: 07/22/1997)

July 14, 1997

July 14, 1997

4

RETURN OF SERVICE executed upon deft James Scapellato on 7/14/97 by service on US Attorney for MD TN. (mk) (Entered: 07/22/1997)

July 14, 1997

July 14, 1997

5

RESPONSE by defts Rodney E. Slater, Jane F. Garvey, and James Scapellato to request for preliminary inj [1−1] (filed in prayer for relief of cmp) (mk) (Entered: 07/28/1997)

July 25, 1997

July 25, 1997

6

MOTION by defts Rodney E. Slater, Jane F. Garvey, James Scapellato to dismiss . (mk) (Entered: 07/28/1997)

July 25, 1997

July 25, 1997

7

MEMORANDUM by defts in support of mtn to dismiss [6−1] with attached Exhs. (mk) Modified on 07/28/1997 (Entered: 07/28/1997)

July 25, 1997

July 25, 1997

8

RETURN OF SERVICE executed upon deft Jane F. Garvey on 7/22/97 by certified mail. (mk) (Entered: 07/30/1997)

July 30, 1997

July 30, 1997

9

RETURN OF SERVICE executed upon deft Rodney E. Slater on 7/21/97 by certified mail. (mk) (Entered: 07/30/1997)

July 30, 1997

July 30, 1997

10

RETURN OF SERVICE executed upon deft James Scapellato on 7/16/97 by certified mail. (mk) (Entered: 07/30/1997)

July 30, 1997

July 30, 1997

11

AFFIDAVIT OF RETURN OF SERVICE executed upon defts Rodney E. Slater, Jane F. Garvey, John Bruce Saltsman Sr., James Scapellato and Janet Reno, U.S. Attorney General. (mk) (Entered: 07/30/1997)

July 30, 1997

July 30, 1997

12

MOTION by deft John Bruce Saltsman Sr. to dismiss. (mk) (Entered: 08/05/1997)

Aug. 4, 1997

Aug. 4, 1997

13

AFFIDAVIT of William C. Wallace re [12−1]. (mk) (Entered: 08/05/1997)

Aug. 4, 1997

Aug. 4, 1997

14

MEMORANDUM by deft John Bruce Saltsman Sr. in support of mtn to dismiss. [12−1] (mk) (Entered: 08/05/1997)

Aug. 4, 1997

Aug. 4, 1997

15

MEMORANDUM in opposition by pltf SW Williamson Cty to Federal defts' mtn to dismiss [6−1] and State deft's mtn to dismiss [12−1]. (mk) (Entered: 08/07/1997)

Aug. 6, 1997

Aug. 6, 1997

17

MEMORANDUM by pltf SW Williamson Cty in support of mtn for preliminary injunction [16−1] (mk) (Entered: 08/07/1997)

Aug. 7, 1997

Aug. 7, 1997

18

JOINT AFFIDAVIT of Patrick Rakes and J.R. Shute re [16−1] (mk) (Entered: 08/07/1997)

Aug. 7, 1997

Aug. 7, 1997

19

AFFIDAVIT of Robert Fry re [16−1]. (mk) (Entered: 08/07/1997)

Aug. 7, 1997

Aug. 7, 1997

20

AFFIDAVIT of Cindy A. Garvey re [16−1]. (mk) (Entered: 08/07/1997)

Aug. 7, 1997

Aug. 7, 1997

21

AFFIDAVIT of Robin Lockwood re [16−1] with attachments (mk) (Entered: 08/07/1997)

Aug. 7, 1997

Aug. 7, 1997

22

JOINT AFFIDAVIT of Paul and wife Margaret Sloan re [16−1] (mk) (Entered: 08/07/1997)

Aug. 7, 1997

Aug. 7, 1997

23

APPENDIX filed by pltf SW Williamson Cty re [16−1] with Exhs 1−14. (mk) (Entered: 08/07/1997)

Aug. 7, 1997

Aug. 7, 1997

24

ORDER by Judge Todd J. Campbell setting hearing on pltf's mtn for preliminary inj [16−1], deft Saltsman's mtn to dismiss [12−1] and deft Slater's mtn to dismiss [6−1] for 1:30 on 9/30/97. EOD 8/13/97 (cc: all counsel) (mk) (Entered: 08/13/1997)

Aug. 13, 1997

Aug. 13, 1997

25

AFFIDAVIT of William Bradley Caldwell re [16−1] with attached Exhs A−F. (mk) (Entered: 08/13/1997)

Aug. 13, 1997

Aug. 13, 1997

26

MOTION by deft John Bruce Saltsman Sr. for status conference. (mk) (Entered: 08/14/1997)

Aug. 13, 1997

Aug. 13, 1997

27

MEMORANDUM by deft John Bruce Saltsman Sr. in support of mtn for status conference. [26−1] (mk) (Entered: 08/14/1997)

Aug. 13, 1997

Aug. 13, 1997

28

REBUTTAL by Federal defts to pltf's mtn for preliminary injunction [16−1] with attachments. (mk) (Entered: 08/15/1997)

Aug. 14, 1997

Aug. 14, 1997

29

ORDER by Magistrate Judge Juliet E. Griffin cancelling the case management conference set for 8/25/97. Deft Saltsman shall file a response to the mtn for preliminary injunction [16−1] by 9/2/97. (EOD 8/19/97) (cc: all counsel) (ts) (Entered: 08/19/1997)

Aug. 18, 1997

Aug. 18, 1997

30

ORDER by Judge Todd J. Campbell granting mtn for status conference. [26−1] Status conference set for 2:30 on 8/29/97 . EOD 8/25/97 (cc: all counsel) (mk) (Entered: 08/25/1997)

Aug. 22, 1997

Aug. 22, 1997

31

CLERK'S RESUME of Status conference held 8/29/97. Order to enter. C/R: Charlotte Barr (mk) (Entered: 09/02/1997)

Aug. 29, 1997

Aug. 29, 1997

32

ORDER by Judge Todd J. Campbell: At status conference on 8/29/97 Court set following ddls re: pending mtns. Parties to supplement briefs re: mtns to dismiss by 9/5/97. State deft to file response to pltf's mtn for prelim inj [16−1], by 9/5/97. Oral argument on mtns to dismiss [12−1] [6−1] set for 1:00 on 9/12/97. Defts to file federal & state administrative records by 9/15/97. By 9/16/97 parties to exchange witness lists, exh lists and afdts for hrg. Parties to file afdts on each witness for hrg. By 9/23/97 parties to file any mtns in limine. Replies to mtns in limine to be filed by 9/29/97. EOD 9/2/97 (cc: all counsel) (mk) (Entered: 09/02/1997)

Aug. 29, 1997

Aug. 29, 1997

33

SUPPLEMENTAL BRIEF by Federal defts in support of mtn to dismiss [6−1] per order of Judge Campbell [32−1]. (mk) (Entered: 09/05/1997)

Sept. 5, 1997

Sept. 5, 1997

34

RESPONSE by pltf SW Williamson Cty to Federal Defts' rebuttal to pltf's mtn for prelim inj [28−1] with attached Exhs A−E. (mk) Modified on 09/05/1997 (Entered: 09/05/1997)

Sept. 5, 1997

Sept. 5, 1997

35

MEMORANDUM OF LAW by deft John Bruce Saltsman Sr. in opposition to pltf's mtn for prelim inj [16−1] and supplemental memo of law in support of State deft's mtn to dismiss. (mk) (Entered: 09/05/1997)

Sept. 5, 1997

Sept. 5, 1997

36

AFFIDAVIT of William L. Moore, Jr. re [35−1], re [35−1] (mk) (Entered: 09/05/1997)

Sept. 5, 1997

Sept. 5, 1997

37

AFFIDAVIT of James E. Jeffers, Jr. re [35−1] (mk) (Entered: 09/05/1997)

Sept. 5, 1997

Sept. 5, 1997

38

AFFIDAVIT of Terry Van Nuck re [35−1] (mk) (Entered: 09/05/1997)

Sept. 5, 1997

Sept. 5, 1997

39

AFFIDAVIT of Frederick M. Miller re [35−1] (seal) (Entered: 09/11/1997)

Sept. 11, 1997

Sept. 11, 1997

40

MEMORANDUM OF THE COURT EOD 9/15/97 (cc: all counsel) (mk) (Entered: 09/15/1997)

Sept. 15, 1997

Sept. 15, 1997

41

ORDER by Judge Todd J. Campbell granting federal defts' mtn to dismiss [6−1] and State deft's mtn to dismiss [12−1] for reasons in accompanying memorandum. Accordingly, dismissing case. EOD 9/15/97 (cc: all counsel) (mk) (Entered: 09/15/1997)

Sept. 15, 1997

Sept. 15, 1997

42

MOTION by pltf for reconsideration of order dismissing case , and to alter and amend judgment (Attached original afdt of William B. Caldwell and copy of afdt of Sharon M. Caldwell) (dm) (Entered: 09/26/1997)

Sept. 25, 1997

Sept. 25, 1997

43

AFFIDAVIT of William B. Caldwell re [42−1], re [42−2] (dm) (Entered: 09/26/1997)

Sept. 25, 1997

Sept. 25, 1997

44

SUPPLEMENTAL attachment by pltf SW Williamson Cty re [42−1], re [42−2] of original afdt of Sharon Caldwell (dm) (Entered: 09/26/1997)

Sept. 26, 1997

Sept. 26, 1997

45

AFFIDAVIT of Sharon M. Caldwell re [42−1], re [42−2] (dm) (Entered: 09/26/1997)

Sept. 26, 1997

Sept. 26, 1997

46

RESPONSE by federal defts to pltf's mtn to reconsider [42−1] and to alter and amend jgm [42−2] (mk) (Entered: 10/07/1997)

Oct. 7, 1997

Oct. 7, 1997

47

MEMORANDUM OF LAW by State deft in opposition to pltf's mtn to reconsider jgm [42−1] and alter and amend jgm [42−2] w/ attachments (mk) Modified on 10/14/1997 (Entered: 10/14/1997)

Oct. 10, 1997

Oct. 10, 1997

48

AFFIDAVIT of Charles E. Bush re [47−1] with attached Appendix 1−8 (mk) (Entered: 10/14/1997)

Oct. 10, 1997

Oct. 10, 1997

49

ORDER by Judge Todd J. Campbell denying pltf's mtn for reconsideration of order dismissing case [42−1] and to alter and amend judgment [42−2] EOD 10/20/97 (cc: all counsel) (mk) (Entered: 10/20/1997)

Oct. 20, 1997

Oct. 20, 1997

50

REBUTTAL by pltf SW Williamson Cty to Federal and State [46−1] [47−1] defts' opposition to mtn to alter and amend jgm. (mk) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

51

NOTICE OF APPEAL by pltf from Dist. Court decision [49−1] (mg) (Entered: 12/10/1997)

Dec. 9, 1997

Dec. 9, 1997

52

RECEIVED filing fee and forwarded to 6th CCA, rcpt #60989 (mg) (Entered: 12/11/1997)

Dec. 9, 1997

Dec. 9, 1997

SR Record on Appeal sent to 6th CCA re [51−1] (mg) (Entered: 12/12/1997)

Dec. 12, 1997

Dec. 12, 1997

TRANSCRIPT Order Form for proceedings on 9/12/97 re [51−1] (mg) (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

53

TRANSCRIPT filed of hrg before Judge Campbell on 9/12/97 (mk) (Entered: 12/30/1997)

Dec. 29, 1997

Dec. 29, 1997

54

NOTIFICATION by 6th CCA of Appellate Docket Number 97−6526 (mg) (Entered: 01/13/1998)

Jan. 12, 1998

Jan. 12, 1998

CR Record on Appeal sent to 6th CCA re [51−1] (mg) (Entered: 10/16/1998)

Oct. 16, 1998

Oct. 16, 1998

REMARK: Ack of CR filed at 6CCA 10/22/98 (mg) (Entered: 10/28/1998)

Oct. 28, 1998

Oct. 28, 1998

56

INFORMATION COPY from 6th CCA: We affirm the district court's decision to dismiss all claims against the state deft, and to dismiss the first two NEPA claims against the federal defts on statute of limitations grounds. We VACATE the district court's dismissal of NEPA claim regarding the third EA and of the ISTEA claim, and REMAND both claims to the distict court for further proceedings consistent with this opinion. (mg) (Entered: 05/04/1999)

April 30, 1999

April 30, 1999

57

JUDGMENT by 6CCA: Dismissal of the NEPA claim regarding the third Environmental Assessment and the dismissal of the ISTEA claim are VACATED, and the claims are REMANDED for further proceedings consistent with the opinion of this court. (mg) (Entered: 05/04/1999)

April 30, 1999

April 30, 1999

58

ORDER by Judge Todd J. Campbell: The Court is in receipt of a letter from Michael W. Catalano, counsel for Deft, dated 5/12/99. The Clerk is directed to file the letter as part of the record, and to furnish counsel of record with a copy of the letter and this Order. All counsel who have entered an appearance shall comply with the Order (DE#55) entered 5/29/99 (cc: all counsel) EOD 5/17/99 (mg) (Entered: 05/17/1999)

May 14, 1999

May 14, 1999

59

LETTER from Michael W. Catalano, Associate Solicitor General in re deft John Bruce Saltsman Sr. (mg) (Entered: 05/17/1999)

May 14, 1999

May 14, 1999

62

STATEMENT of state defts pursuant to order of 4/29/99 (w/attachments) (gi) (Entered: 07/06/1999)

June 1, 1999

June 1, 1999

60

ORDER by Judge Todd J. Campbell Status conference reset for 3:00 7/9/99 (cc: all counsel) EOD 6/3/99 (mg) (Entered: 06/03/1999)

June 3, 1999

June 3, 1999

61

MANDATE from 6th CCA vacating and remanding the matter back to District Court [Appeal [56−1] pursuant to the courts info order filed 4/28/99 (mg) (Entered: 06/29/1999)

June 28, 1999

June 28, 1999

RECORD on appeal returned from 6th CCA re appeal [51−1] (mg) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

63

Statement of Issues and proposed scheduling order by pltf (lah) Modified on 07/06/1999 (Entered: 07/02/1999)

July 2, 1999

July 2, 1999

64

RESPONSE by defts Rodney E. Slater, Jane F. Garvey and James Scapellato to remand from the 6th Circuit Court of Appeals[61−1] (lah) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

65

MOTION by pltf for attorney Richard A. Parrish to appear pro hac vice (w/attached proposed order) (lah) (Entered: 07/09/1999)

July 9, 1999

July 9, 1999

66

CERTIFICATE of Good Standing for Richard A. Parrish, USDC for WD/VA filed by pltf (lah) (Entered: 07/09/1999)

July 9, 1999

July 9, 1999

67

CLERK'S RESUME Status conference held 7/9/99 ; amended complaint to be filed by 7/23/99; deft to file admin record by 7/23/99; deft's motion for preliminary injunction is to be filed by 8/6/99; status conference set for 7/30/99 at 3:00; hearing for motion for preliminary injunction set for 8/30/99 at 9:00. C/R : John Tummel (lah) (Entered: 07/12/1999)

July 9, 1999

July 9, 1999

68

ORDER by Judge Todd J. Campbell: Pltf shall file an amended complaint by 7/23/99; current federal defts shall produce and file all documents in their possession by 7/23/99; Status conference set for 3:00 7/30/99 ; pltf shall file a motion for preliminary injunction by 8/6/99 and deft to file response to motion by 8/20/99; motion for preliminary injunction hearing set for 9:00 8/30/99 (cc: all counsel) EOD 7/12/99 (lah) Modified on 08/04/1999 (Entered: 07/12/1999)

July 9, 1999

July 9, 1999

69

ORDER by Judge Todd J. Campbell granting motion for attorney Richard A. Parrish to appear pro hac vice [65−1] for pltf (cc: all counsel) EOD 7/12/99 (lah) (Entered: 07/12/1999)

July 12, 1999

July 12, 1999

70

MOTION by deft Rodney E. Slater to extend time to file documents until 7/27/99 (bj) (Entered: 07/23/1999)

July 22, 1999

July 22, 1999

72

LETTER from pltf to Judge Campbell (lah) (Entered: 07/23/1999)

July 23, 1999

July 23, 1999

73

MOTION by pltf for order for State Defendant to file its administrative record (lah) (Entered: 07/23/1999)

July 23, 1999

July 23, 1999

74

AMENDED COMPLAINT [1−1] by pltf (w/attached exhibits A−P) (lah) (Entered: 07/23/1999)

July 23, 1999

July 23, 1999

75

ORDER by Judge Todd J. Campbell: Pending before the Court is pltf's motion for order for State Defendant to file its administrative record [73−1]. Deft shall respond to the motion by 7/29/99. (cc: all counsel) EOD 7/26/99 (lah) (Entered: 07/26/1999)

July 26, 1999

July 26, 1999

76

FEDERAL DEFENDANT'S DOCUMENTS (w/attached index to pleading) (filed w/ 2 black indexed binders of documents) (lah) (Entered: 07/26/1999)

July 26, 1999

July 26, 1999

77

RESPONSE by State deft to motion for State Defendant to file its administrative record (lah) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

78

CLERK'S RESUME Status conference held 7/30/99 ; deadlines established by the court of mtns/replies to be filed. Order to enter. C/R : John Tummel (lah) (Entered: 08/02/1999)

July 30, 1999

July 30, 1999

79

ORDER by Judge Todd J. Campbell: The pltf's motion for State Defendant to file its administrative record [73−1] is denied as moot; pltf will file any motions to compel as to the Federal Defts by 8/6/99; defts shal file their answers to amended complaint by 8/10/99; dispositive motion filing deadline 8/10/99 ; pltf shall file any reply in support of motion for preliminary injunction by 8/26/99; parties shall file by 8/24/99 the following: witness lists, exhibits lists and stipulations relating to preliminary injunction hearing set for 8/30/99; motions in limine shall be filed by 8/26/99. (cc: all counsel) EOD 8/2/99 (lah) Modified on 08/04/1999 (Entered: 08/02/1999)

July 30, 1999

July 30, 1999

80

MOTION by pltf for extension of time until 8/9/99 to file mtn for preliminary injunction and memorandum of law (gi) (Entered: 08/06/1999)

Aug. 6, 1999

Aug. 6, 1999

81

ORDER by Judge Todd J. Campbell: granting motion for extension of time until 8/9/99 to file mtn for preliminary injunction [80−1]. (cc: all counsel) EOD 8/6/99 (bj) (Entered: 08/06/1999)

Aug. 6, 1999

Aug. 6, 1999

82

MEMORANDUM by pltf in support of pltf's motion for preliminary injunction (mtn not filed) (w/attached exhibits 1−8 and final report for State Route 840) (lah) (Entered: 08/09/1999)

Aug. 9, 1999

Aug. 9, 1999

83

MOTION by pltf for preliminary injunction (lah) (Entered: 08/09/1999)

Aug. 9, 1999

Aug. 9, 1999

84

MOTION by Federal defts to dismiss amended complaint (lah) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

85

MEMORANDUM by Federal defts in support of motion to dismiss amended complaint [84−1] (w/attached exhibit 1) (lah) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

86

MOTION by State deft for summary judgment (lah) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

87

BRIEF by State deft in support of motion for summary judgment [86−1] (lah) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

88

AFFIDAVIT of Charles C. Sullivan, II re [86−1] (w/attached certified copies of pleadings from 22.00003268J.) (lah) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

89

MEMORANDUM IN RESPONSE by pltf to motion to dismiss amended complaint [84−1] (lah) (Entered: 08/20/1999)

Aug. 20, 1999

Aug. 20, 1999

90

RESPONSE by Federal defts to motion for preliminary injunction [83−1] (lah) (Entered: 08/20/1999)

Aug. 20, 1999

Aug. 20, 1999

91

WITNESS list submitted by pltf. (bj) (Entered: 08/25/1999)

Aug. 24, 1999

Aug. 24, 1999

92

EXHIBIT list by pltf. (bj) (Entered: 08/25/1999)

Aug. 24, 1999

Aug. 24, 1999

94

NOTICE by State Deft of filing copy of petition for judicial review of final agency order in Southwest Williamson County Community Association, et al. v. J. Bruce Saltsman, Sr., Davidson County Chancery Court No. 99−2368−I; w/attachment (tlc) (Entered: 08/25/1999)

Aug. 25, 1999

Aug. 25, 1999

95

STATEMENT of no disputed material facts by State deft Saltsman Sr. in support of motion for summary jgm on grounds of abstention as to count 3 of the amened complaint [86−1] (tlc) (Entered: 08/25/1999)

Aug. 25, 1999

Aug. 25, 1999

96

RESPONSE by State Deft to pltfs' motion for preliminary injunction as to count 3 of the amended complaint [83−1] (tlc) (Entered: 08/25/1999)

Aug. 25, 1999

Aug. 25, 1999

97

REPLY by pltf to federal deft's memorandum in opposition to pltf's motion for preliminary injunction [83−1] (w/attached exhibits 1−3) (lah) (Entered: 08/27/1999)

Aug. 26, 1999

Aug. 26, 1999

98

DEPOSITION of Wright B. Aldridge, Jr. taken on the following date(s): 8/19/99 (w/attached exhibits A−H) (lah) (Entered: 08/27/1999)

Aug. 26, 1999

Aug. 26, 1999

99

AFFIDAVIT of Anne Collie re [97−1] (w/attachments) (lah) (Entered: 08/27/1999)

Aug. 26, 1999

Aug. 26, 1999

Case Details

State / Territory: Tennessee

Case Type(s):

Environmental Justice

Key Dates

Filing Date: July 14, 1997

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit corporation comprised of members who live and work in Williamson County.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Highway Administration, Federal

Tennessee Department of Transportation, State

United States Department of Transportation, Federal

Defendant Type(s):

Transportation

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Road construction

Environmental Justice and Resources:

Environmental Impact Statements