[Download] "Southwest Williamson County Community Association" by Sixth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Southwest Williamson County Community Association
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 14, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
Plaintiff-Appellant Southwest Williamson County Community Association ("Association") appeals the district court's denial of its application for a preliminary injunction to halt construction on Route 840 South, a 77-mile length of highway which was designed to bypass Nashville, Tennessee by running south of the city and connecting Interstate 40 ("I-40") West, which radiates west of the city, and I-40 East. The issue before us is whether the district court abused its discretion in denying the Association's motion for a preliminary injunction after finding that the Association was not likely to succeed on the merits of its case. The district court entertained the Association's motion for a preliminary injunction on remand from this court to determine three issues, only two of which were argued to the district court and only one of which is before us on appeal: whether construction of the fifty-three mile corridor of the highway constitutes a "major Federal action[]" under 42 U.S.C. § 4332(C) such that the Federal Highway Administration ("FHWA") is required to respond to the state's Environmental Assessment ("EA") with certain documentation on the highway's environmental impact. Because we conclude that the district court did not abuse its discretion, we AFFIRM the denial of the preliminary injunction and REMAND for further proceedings consistent with this opinion.