590 F.2d 39 (2nd Cir. 1978), 1079, Karlen v. Harris

Docket Nº:1079, Docket 78-7147.
Citation:590 F.2d 39
Party Name:Roland N. KARLEN, Alvin C. Hudgins and Continue, Plaintiffs-Appellants, v. Patricia Roberts HARRIS, Secretary of the Department of Housing and Urban Development, The City of New York and Strycker's Bay Neighborhood Council, Inc., Defendants-Appellees.
Case Date:December 14, 1978
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 39

590 F.2d 39 (2nd Cir. 1978)

Roland N. KARLEN, Alvin C. Hudgins and Continue, Plaintiffs-Appellants,

v.

Patricia Roberts HARRIS, Secretary of the Department of

Housing and Urban Development, The City of New

York and Strycker's Bay Neighborhood

Council, Inc., Defendants-Appellees.

No. 1079, Docket 78-7147.

United States Court of Appeals, Second Circuit

December 14, 1978

Argued June 12, 1978.

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[Copyrighted Material Omitted]

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A. David Benjamin, New York City (Demov, Morris, Levin & Shein, Eugene J. Morris and Jonathan M. Bryer, New York City, of counsel), for plaintiffs-appellants.

Peter C. Salerno, Asst. U. S. Atty. for the Southern District of New York, New York City (Robert B. Fiske, Jr., U. S. Atty., New York City, of counsel), for defendant-appellee Harris.

Carolyn E. Demarest, New York City (Allen G. Schwartz, Corp. Counsel of the City of New York, Leonard Koerner, New York City, of counsel), for defendant-appellee City of New York.

John de P. Douw, New York City (Catherine P. Mitchell, Community Action for Legal Services, Inc., New York City, of counsel), for defendant-appellee Strycker's Bay Neighborhood Council, Inc.

Before MOORE, MULLIGAN and GURFEIN, Circuit Judges.

MOORE, Circuit Judge:

This is the second appeal to come before us in "a case directly affecting the future of a 20 square block community and its more than 35,000 current and former residents." 1 The particular site (Site 30) involved is part of the West Side Urban Renewal Area ("WSURA" or "Area"), and is located on the west side of Columbus Avenue, between West 90th and West 91st Streets, in the Borough of Manhattan, City of New York. See Trinity Episcopal School Corp. v. Harris, 445 F.Supp. 204, 207 n.3 (S.D.N.Y. 1978). The area was to be developed in accordance with the West Side Urban Renewal Plan ("the Plan"), which had as its objective the rehabilitation of the area on an integrated basis both racially and economically. A detailed description of the Plan, its development and various amendments is set forth in the trial court's first opinion, Trinity Episcopal School Corp. v. Romney, 387 F.Supp. 1044 (S.D.N.Y. 1974).

An appeal from the decision approving the use of Site 30 for a low-income apartment building, which would be situated in a block containing other exclusively low-income buildings caused us to remand the case to the district court to ascertain from the Department of Housing and Urban Development (HUD) what consideration had been given to other alternatives 2 so that "(t)hose who live (in the Area) and those who hope to live there (would be) entitled to obtain their housing aided by federal funds in a balanced and integrated community as envisaged by the Plan". We said: "The purpose of the Plan is integration not concentration" and "that purpose would not be achieved by concentrating low-income housing on West 91st Street . . . ." Trinity Episcopal School Corp. v. Romney, 523 F.2d 88, 94 (2d Cir. 1975). Accordingly, we remanded for the consideration by HUD of reasonable alternatives to the development of Site 30 as a 100 per cent low-income housing project "consistent with the scheme of the Plan."

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On the remand, HUD produced a lengthy document, with many exhibits attached, entitled "Special Environmental Clearance of Department of Housing and Urban Development". It was filed with the district court on April 15, 1977. Thereafter defendants-appellees moved for summary judgment dissolving the injunction against building a 100 per cent low-income housing structure on Site 30 and dismissing the complaint. From the judgment dissolving the injunction and dismissing the complaint, plaintiffs-appellants appeal. The trial court's opinion is reported at 445 F.Supp. 204. A motion (F.R.Civ.P. § 60(b)) for correction of judgment was made by appellants and denied, from which denial plaintiffs-appellants also appeal.

Consideration of many of the environmental aspects relating to the construction of a 100 per cent low-income building on Site 30 which were treated in HUD's report (A 7-212) 3 is unnecessary. We remanded for the specific purpose of having "a study (made) by the appropriate agencies of possible 'alternatives' with respect to the present proposal to change the development of Site 30 to 100 per cent low-income housing." 523 F.2d at 95. We thought...

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