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74-003
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Last modified
1/3/2012 12:34:52 PM
Creation date
6/26/2003 10:46:47 AM
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City Clerk
Doc Type
Resolution
Doc #
74-3
Date
1/7/1974
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Both the Lathan and Keith courts recognized that if the plaintiffs were <br />to obtain any effective relief, their displacement must be halted pending <br />submission of satisfactory relocation assurances. The Lath~ opinion considered <br />and rejected the ordinary standard for injunctive relief, which would have <br />required the plaintiffs to demonstrate that "the balance of irreparable harm" <br />favored issuance of an injunction. Instead, L~tha~ seems to imply that "the <br />balance of irreparable harm" standard does not apply to highway relocation law- <br />suits. However, even if this opinion is not read as introducing some new <br />standard for injunctive relief, it does indicate that "the balance of <br />irreparable harm" readily tips in favor of those facing imminent displacement. <br /> By taking action when it still could be effective, the Lath~ and Keith <br />decisions have avoided the pitfalls of Triangle and Clark$~lle. These courts <br />have helped to implement the congressional requirements of the relocation acts, <br />and to insure that relocation is indeed "satisfactory." <br /> <br />V. An Overview <br /> <br /> The failure of the federal highway program to account for all the economic <br />and social costs of highway construction has contributed significantly to the <br />problems of urban decay and urban-suburban economic polarization in America. <br />Without the substantial modifications of FHWA administrative procedures and <br />judicial enforcement proposed in this Note, construction of new highways will <br />continue to impose large external costs on urban housing markets and particularly <br />on iow-income submarkets. <br /> Implicit in the discussion of the '~arket" effects of relocation is the <br />recognition that highway relocation cannot be treated in isolation from <br />national housing priorities. As the National Commission on Urban Problems <br />suggested, "Relocation should be seen essentially not as a ground clearing <br />operation, but as a direct and integral step in the march toward the national <br />housing goal . " With the construction of one-for-one replacement housing, <br />the federal highway program can join in the effort to ensure a suitable living <br />environment for all Americans. The congressional mandate to protect those in <br />the path of highway "progress" requires no less. <br /> <br /> <br />
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