RALEIGH HEIGHTS HOMEOWNERS, ETC. v. City of Reno

• Decision Date: 14 November 1980
• Docket Number: Civ. No. R-80-161-ECR.
• Citation: 501 F. Supp. 269
• Parties: RALEIGH HEIGHTS HOMEOWNERS PROTECTIVE ASSOCIATION, Plaintiff, v. CITY OF RENO; Reno Housing Authority; Moon Landrieu, Secretary; Department of Housing and Urban Development, and the United States of America, Defendants.
• Court: U.S. District Court — District of Nevada

501 F. Supp. 269

RALEIGH HEIGHTS HOMEOWNERS PROTECTIVE ASSOCIATION, Plaintiff, v. CITY OF RENO; Reno Housing Authority; Moon Landrieu, Secretary; Department of Housing and Urban Development, and the United States of America, Defendants.

Civ. No. R-80-161-ECR.

United States District Court, D. Nevada.

November 14, 1980.

Woodburn, Wedge, Blakey & Jeppson, Reno, Nev., for plaintiff.

John R. Petty, Reno, Nev., for defendants, City of Reno.

Shirley Smith, Asst. U.S. Atty., Reno, Nev., for defendant, Landrieu.

ORDER

REED, District Judge.

Plaintiff is a nonprofit corporation composed of citizens residing in the vicinity of what is known as the Raleigh Heights area of Reno, Nevada.

In this action, according to the prayer of the complaint, plaintiff seeks:

1. To enjoin and mandate the Secretary of Housing and Urban Development (HUD) to require the City of Reno (City) to prepare, file and circulate an environmental impact statement (E.I.S.) or an environmental review record (E.R.R.), prior to further release of federal funds for the construction of a proposed housing project (the project) which is the subject of these proceedings. Plaintiff also seeks an order requiring defendants to otherwise comply with the procedural requirements of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4331, et seq., the Housing and Community Development Act of 1974 (HCDA), 42 U.S.C. § 5304, et seq., and other applicable statutes and regulations, including particularly those requiring an opportunity for full and effective public participation in development of environmental statements and reports pertaining to the project. The proposed housing project in question is to be constructed for low and moderate income residents on a 26-acre site adjacent to Raleigh Heights. The City is now in the process of developing the project and applying to HUD for federal funds for that purpose.

2. For a declaratory judgment that the City and the Secretary, in taking previous steps toward the construction of the project have violated NEPA, HCDA and the Administrative Procedures Act (APA). 5 U.S.C. § 706(2)(B), (C).

Jurisdiction of the Court is invoked under 5 U.S.C. § 706(2)(B), (C); 28 U.S.C. § 1331(a); 28 U.S.C. § 1361; and 28 U.S.C. § 2201-02.

The matter is now before the Court on a Motion for a Preliminary Injunction against further release of federal funds for the project unless compliance is had with applicable federal laws and regulations pertaining to environmental concerns as set forth and outlined in paragraph 1 above. A hearing on the motion was held before the Court on September 22, 1980. Evidence and testimony were received at that time.

Based on the record before the Court, plaintiff has good cause to be concerned as to whether the applicable laws and regulations will be complied with in defendants' future activities relating to the project. However, there would be little use to be served in the Court entering a judgment declaring that the prior procedures were unlawful, or, on account of what has occurred, enjoining defendants to follow the law and regulations in the future. As to the past, plaintiffs' motion does not seek relief in respect to what is essentially water under the bridge. So far as the future is concerned, the Court and plaintiffs are entitled to expect that there will be such compliance, without the necessity of an injunction.

It is conceded that there is a substantial need for low and moderate income housing in the Reno area. Federal funds are available through HUD to assist in construction of a project for this purpose. The law and regulations which make such funds available mandate compliance with procedures for protection of environmental quality before release of funds may be made for such a project. It is to be emphasized that it is the steps leading to the proposed release of the federal funds for such a project which trigger the requirements that an E.I.S. or E.R.R. be prepared and notices given seeking public input and participation. By the terms of the statutes and regulations, it is not what is done with the funds after release by HUD which requires compliance with the environmental study regulations.

On November 7, 1978, the City, having determined the need for such low and moderate income housing, published a notice in a Reno newspaper indicating its intent to request release of federal funds under HCDA for purposes of acquiring land to develop such a project. The location of the project in the notice was simply stated as "City of Reno" and the cost as "$500,000." No specific location for the project is stated in the notice. Possibly the City did have a particular site in mind at that time, but the notice did not so indicate and, in any event, either because the site selected may have become unsuitable or unavailable, later chose to acquire the site at Raleigh Heights for these purposes. The fact is the City didn't even know the Raleigh Heights site existed when the November, 1978, E.R.R. was prepared and notice of it published. It is therefore clear that the November, 1978, E.R.R. and accompanying notice could not have referred to the Raleigh Heights property, which became the subject of the project much later.

The notice, which was published in November, 1978, stated that it had been determined the then intended request for release of funds would not significantly adversely affect human environment and hence no E.I.S. would be prepared; and, further, that an E.R.R. had been made for the project. The E.R.R. was stated to be on file and available for inspection at an office of the City. Written comments were solicited from persons disagreeing with the "no significant adverse effect" determination, and it was stated that such comments would be considered by the City and the City would not request release of funds for a period of two weeks.

No evidence of this November, 1978, E.R.R., supposedly supporting the release of funds in November, 1978, is before the Court. The E.R.R. which is put forward by the City to support the project was not prepared until June and July of 1979, some seven months later. The Court can only speculate as to the contents of the E.R.R. referred to in the November, 1978, notice. We can only guess as to whether the E.R.R. referred to a particular site for the project or merely the City at large. While the Truckee Meadows Valley in which Reno is situated is probably not more than ten miles in width and maybe fifteen miles in length, many varying types of environments are found within the area where the project might have been located, based on the general (in the "City of Reno") description contained in the notice. Environmental conditions in that wide area include everything from steep, barren, mountainous hillsides to low swampy areas, with all possible varieties of...