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

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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 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)

Judge(s)

Campbell, Todd J. (Tennessee)

Attorney for Plaintiff

McCaleb, Joe W. (Tennessee)

Norris, John Langdon (Tennessee)

Parrish, Richard A. (Virginia)

Attorney for Defendant

Catalano, Michael W. (Tennessee)

Corlew, Donald L. (Tennessee)

Roden, Michael (Tennessee)

Documents in the Clearinghouse

Documents in this case

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. 1119
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 1033
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 875
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 270

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Docket

Last updated March 23, 2025, 9:24 a.m.

ECF Number	Date	Description	Link
1	July 14, 1997	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)	PACER
2	July 14, 1997	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)	PACER
3	July 14, 1997	RETURN OF SERVICE executed upon deft John Bruce Saltsman Sr. on 7/14/97by personal service. (mk) (Entered: 07/22/1997)	PACER
4	July 14, 1997	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)	PACER
5	July 25, 1997	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)	PACER
6	July 25, 1997	MOTION by defts Rodney E. Slater, Jane F. Garvey, James Scapellato to dismiss . (mk) (Entered: 07/28/1997)	PACER
7	July 25, 1997	MEMORANDUM by defts in support of mtn to dismiss [6−1] with attached Exhs. (mk) Modified on 07/28/1997 (Entered: 07/28/1997)	PACER
8	July 30, 1997	RETURN OF SERVICE executed upon deft Jane F. Garvey on 7/22/97 by certified mail. (mk) (Entered: 07/30/1997)	PACER
9	July 30, 1997	RETURN OF SERVICE executed upon deft Rodney E. Slater on 7/21/97 by certified mail. (mk) (Entered: 07/30/1997)	PACER
10	July 30, 1997	RETURN OF SERVICE executed upon deft James Scapellato on 7/16/97 by certified mail. (mk) (Entered: 07/30/1997)	PACER
11	July 30, 1997	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)	PACER
12	Aug. 4, 1997	MOTION by deft John Bruce Saltsman Sr. to dismiss. (mk) (Entered: 08/05/1997)	PACER
13	Aug. 4, 1997	AFFIDAVIT of William C. Wallace re [12−1]. (mk) (Entered: 08/05/1997)	PACER
14	Aug. 4, 1997	MEMORANDUM by deft John Bruce Saltsman Sr. in support of mtn to dismiss. [12−1] (mk) (Entered: 08/05/1997)	PACER
15	Aug. 6, 1997	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)	PACER
17	Aug. 7, 1997	MEMORANDUM by pltf SW Williamson Cty in support of mtn for preliminary injunction [16−1] (mk) (Entered: 08/07/1997)	PACER
18	Aug. 7, 1997	JOINT AFFIDAVIT of Patrick Rakes and J.R. Shute re [16−1] (mk) (Entered: 08/07/1997)	PACER
19	Aug. 7, 1997	AFFIDAVIT of Robert Fry re [16−1]. (mk) (Entered: 08/07/1997)	PACER
20	Aug. 7, 1997	AFFIDAVIT of Cindy A. Garvey re [16−1]. (mk) (Entered: 08/07/1997)	PACER
21	Aug. 7, 1997	AFFIDAVIT of Robin Lockwood re [16−1] with attachments (mk) (Entered: 08/07/1997)	PACER
22	Aug. 7, 1997	JOINT AFFIDAVIT of Paul and wife Margaret Sloan re [16−1] (mk) (Entered: 08/07/1997)	PACER
23	Aug. 7, 1997	APPENDIX filed by pltf SW Williamson Cty re [16−1] with Exhs 1−14. (mk) (Entered: 08/07/1997)	PACER
24	Aug. 13, 1997	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)	PACER
25	Aug. 13, 1997	AFFIDAVIT of William Bradley Caldwell re [16−1] with attached Exhs A−F. (mk) (Entered: 08/13/1997)	PACER
26	Aug. 13, 1997	MOTION by deft John Bruce Saltsman Sr. for status conference. (mk) (Entered: 08/14/1997)	PACER
27	Aug. 13, 1997	MEMORANDUM by deft John Bruce Saltsman Sr. in support of mtn for status conference. [26−1] (mk) (Entered: 08/14/1997)	PACER
28	Aug. 14, 1997	REBUTTAL by Federal defts to pltf's mtn for preliminary injunction [16−1] with attachments. (mk) (Entered: 08/15/1997)	PACER
29	Aug. 18, 1997	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)	PACER
30	Aug. 22, 1997	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)	PACER
31	Aug. 29, 1997	CLERK'S RESUME of Status conference held 8/29/97. Order to enter. C/R: Charlotte Barr (mk) (Entered: 09/02/1997)	PACER
32	Aug. 29, 1997	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)	PACER
33	Sept. 5, 1997	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)	PACER
34	Sept. 5, 1997	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)	PACER
35	Sept. 5, 1997	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)	PACER
36	Sept. 5, 1997	AFFIDAVIT of William L. Moore, Jr. re [35−1], re [35−1] (mk) (Entered: 09/05/1997)	PACER
37	Sept. 5, 1997	AFFIDAVIT of James E. Jeffers, Jr. re [35−1] (mk) (Entered: 09/05/1997)	PACER
38	Sept. 5, 1997	AFFIDAVIT of Terry Van Nuck re [35−1] (mk) (Entered: 09/05/1997)	PACER
39	Sept. 11, 1997	AFFIDAVIT of Frederick M. Miller re [35−1] (seal) (Entered: 09/11/1997)	PACER
40	Sept. 15, 1997	MEMORANDUM OF THE COURT EOD 9/15/97 (cc: all counsel) (mk) (Entered: 09/15/1997)	PACER
41	Sept. 15, 1997	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)	PACER
42	Sept. 25, 1997	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)	PACER
43	Sept. 25, 1997	AFFIDAVIT of William B. Caldwell re [42−1], re [42−2] (dm) (Entered: 09/26/1997)	PACER
44	Sept. 26, 1997	SUPPLEMENTAL attachment by pltf SW Williamson Cty re [42−1], re [42−2] of original afdt of Sharon Caldwell (dm) (Entered: 09/26/1997)	PACER
45	Sept. 26, 1997	AFFIDAVIT of Sharon M. Caldwell re [42−1], re [42−2] (dm) (Entered: 09/26/1997)	PACER
46	Oct. 7, 1997	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)	PACER
47	Oct. 10, 1997	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)	PACER
48	Oct. 10, 1997	AFFIDAVIT of Charles E. Bush re [47−1] with attached Appendix 1−8 (mk) (Entered: 10/14/1997)	PACER
49	Oct. 20, 1997	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)	PACER
50	Oct. 22, 1997	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)	PACER
51	Dec. 9, 1997	NOTICE OF APPEAL by pltf from Dist. Court decision [49−1] (mg) (Entered: 12/10/1997)	PACER
52	Dec. 9, 1997	RECEIVED filing fee and forwarded to 6th CCA, rcpt #60989 (mg) (Entered: 12/11/1997)	PACER
	Dec. 12, 1997	SR Record on Appeal sent to 6th CCA re [51−1] (mg) (Entered: 12/12/1997)	PACER
	Dec. 17, 1997	TRANSCRIPT Order Form for proceedings on 9/12/97 re [51−1] (mg) (Entered: 12/18/1997)	PACER
53	Dec. 29, 1997	TRANSCRIPT filed of hrg before Judge Campbell on 9/12/97 (mk) (Entered: 12/30/1997)	PACER
54	Jan. 12, 1998	NOTIFICATION by 6th CCA of Appellate Docket Number 97−6526 (mg) (Entered: 01/13/1998)	PACER
	Oct. 16, 1998	CR Record on Appeal sent to 6th CCA re [51−1] (mg) (Entered: 10/16/1998)	PACER
	Oct. 28, 1998	REMARK: Ack of CR filed at 6CCA 10/22/98 (mg) (Entered: 10/28/1998)	PACER
56	April 30, 1999	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)	PACER
57	April 30, 1999	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)	PACER
58	May 14, 1999	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)	PACER
59	May 14, 1999	LETTER from Michael W. Catalano, Associate Solicitor General in re deft John Bruce Saltsman Sr. (mg) (Entered: 05/17/1999)	PACER
62	June 1, 1999	STATEMENT of state defts pursuant to order of 4/29/99 (w/attachments) (gi) (Entered: 07/06/1999)	PACER
60	June 3, 1999	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)	PACER
61	June 28, 1999	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)	PACER
	June 30, 1999	RECORD on appeal returned from 6th CCA re appeal [51−1] (mg) (Entered: 07/01/1999)	PACER
63	July 2, 1999	Statement of Issues and proposed scheduling order by pltf (lah) Modified on 07/06/1999 (Entered: 07/02/1999)	PACER
64	July 6, 1999	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)	PACER
65	July 9, 1999	MOTION by pltf for attorney Richard A. Parrish to appear pro hac vice (w/attached proposed order) (lah) (Entered: 07/09/1999)	PACER
66	July 9, 1999	CERTIFICATE of Good Standing for Richard A. Parrish, USDC for WD/VA filed by pltf (lah) (Entered: 07/09/1999)	PACER
67	July 9, 1999	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)	PACER
68	July 9, 1999	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)	PACER
69	July 12, 1999	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)	PACER
70	July 22, 1999	MOTION by deft Rodney E. Slater to extend time to file documents until 7/27/99 (bj) (Entered: 07/23/1999)	PACER
72	July 23, 1999	LETTER from pltf to Judge Campbell (lah) (Entered: 07/23/1999)	PACER
73	July 23, 1999	MOTION by pltf for order for State Defendant to file its administrative record (lah) (Entered: 07/23/1999)	PACER
74	July 23, 1999	AMENDED COMPLAINT [1−1] by pltf (w/attached exhibits A−P) (lah) (Entered: 07/23/1999)	PACER
75	July 26, 1999	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)	PACER
76	July 26, 1999	FEDERAL DEFENDANT'S DOCUMENTS (w/attached index to pleading) (filed w/ 2 black indexed binders of documents) (lah) (Entered: 07/26/1999)	PACER
77	July 29, 1999	RESPONSE by State deft to motion for State Defendant to file its administrative record (lah) (Entered: 07/30/1999)	PACER
78	July 30, 1999	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)	PACER
79	July 30, 1999	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)	PACER
80	Aug. 6, 1999	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)	PACER
81	Aug. 6, 1999	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)	PACER
82	Aug. 9, 1999	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)	PACER
83	Aug. 9, 1999	MOTION by pltf for preliminary injunction (lah) (Entered: 08/09/1999)	PACER
84	Aug. 10, 1999	MOTION by Federal defts to dismiss amended complaint (lah) (Entered: 08/10/1999)	PACER
85	Aug. 10, 1999	MEMORANDUM by Federal defts in support of motion to dismiss amended complaint [84−1] (w/attached exhibit 1) (lah) (Entered: 08/10/1999)	PACER
86	Aug. 10, 1999	MOTION by State deft for summary judgment (lah) (Entered: 08/10/1999)	PACER
87	Aug. 10, 1999	BRIEF by State deft in support of motion for summary judgment [86−1] (lah) (Entered: 08/10/1999)	PACER
88	Aug. 10, 1999	AFFIDAVIT of Charles C. Sullivan, II re [86−1] (w/attached certified copies of pleadings from 22.00003268J.) (lah) (Entered: 08/10/1999)	PACER
89	Aug. 20, 1999	MEMORANDUM IN RESPONSE by pltf to motion to dismiss amended complaint [84−1] (lah) (Entered: 08/20/1999)	PACER
90	Aug. 20, 1999	RESPONSE by Federal defts to motion for preliminary injunction [83−1] (lah) (Entered: 08/20/1999)	PACER
91	Aug. 24, 1999	WITNESS list submitted by pltf. (bj) (Entered: 08/25/1999)	PACER
92	Aug. 24, 1999	EXHIBIT list by pltf. (bj) (Entered: 08/25/1999)	PACER
94	Aug. 25, 1999	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)	PACER
95	Aug. 25, 1999	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)	PACER
96	Aug. 25, 1999	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)	PACER
97	Aug. 26, 1999	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)	PACER
98	Aug. 26, 1999	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)	PACER
99	Aug. 26, 1999	AFFIDAVIT of Anne Collie re [97−1] (w/attachments) (lah) (Entered: 08/27/1999)	PACER

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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

Federal Highway Administration

United States Department of Transportation

State

Tennessee Department of Transportation

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

Other Dockets:

Middle District of Tennessee 3:97-cv-00734

U.S. Court of Appeals for the Sixth Circuit 97-06526

U.S. Court of Appeals for the Sixth Circuit 00-05075

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Road construction

Environmental Justice and Resources:

Environmental Impact Statements

Recommended Citation

Case Summary of Southwest Williamson County Community Ass’n v. Slater, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/16687/ (last updated 11/14/2018).