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COMMITTEE FOR A BETTER NORTH PHILADELPHIA and TYRONE REED, Plaintiffs, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, ROBERT J. THOMPSON, LEWIS F. GOULD, JAMES C. McHUGH, FRANKLIN C. WOOD, RICHARD E. KURTZ, BRIAN W. CLYMER, THOMAS M. HAYWARD, FRANK W. JENKINS, MARY C. HARRIS and H. PATRICK SWYGERT, Defendants
Civil Action No. 88-1275
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
1990 U.S. Dist. LEXIS 10895
August 9, 1990, Decided
August 14, 1990, Filed
COUNSEL: [*1]
Deborah Harris, Esq., Irv Acklesberg, Esq., COMMUNITY LEGAL SERVICES, INC., Philadelphia, Pennsylvania.
ALL DEFTS EXCEPT ROBERT J. THOMPSON, David P. Bruton, Esq., Michael Kubacki, Esq., DRINKER BIDDLE & REATH, Philadelphia, Pennsylvania.
JUDGES: Daniel H. Huyett, 3rd, United States District Judge.
OPINION BY: HUYETT
OPINION: MEMORANDUM AND ORDER
In this civil action, plaintiffs n1 allege that the means utilized by defendants n2 to allocate federal subsidies received pursuant to the Urban Mass Transportation Act, 49 U.S.C. §§ 1601-13, has a discriminatory impact upon the black community of Philadelphia in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d. SEPTA has filed a motion for summary judgment, and oral argument was held on October 3, 1989. At the time of oral argument, it appeared that the parties wished to discuss an amicable resolution of this dispute. Therefore, I stayed disposition of SEPTA's motion for summary judgment pending the outcome of settlement negotiations. After several months, the parties advised that negotiations had proved unfruitful and sought disposition of the instant motion. For the reasons stated below, I will now grant SEPTA's motion for summary judgment. [*2]
Civil Action No. 88-1275
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
1990 U.S. Dist. LEXIS 10895
August 9, 1990, Decided
August 14, 1990, Filed
COUNSEL: [*1]
Deborah Harris, Esq., Irv Acklesberg, Esq., COMMUNITY LEGAL SERVICES, INC., Philadelphia, Pennsylvania.
ALL DEFTS EXCEPT ROBERT J. THOMPSON, David P. Bruton, Esq., Michael Kubacki, Esq., DRINKER BIDDLE & REATH, Philadelphia, Pennsylvania.
JUDGES: Daniel H. Huyett, 3rd, United States District Judge.
OPINION BY: HUYETT
OPINION: MEMORANDUM AND ORDER
In this civil action, plaintiffs n1 allege that the means utilized by defendants n2 to allocate federal subsidies received pursuant to the Urban Mass Transportation Act, 49 U.S.C. §§ 1601-13, has a discriminatory impact upon the black community of Philadelphia in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d. SEPTA has filed a motion for summary judgment, and oral argument was held on October 3, 1989. At the time of oral argument, it appeared that the parties wished to discuss an amicable resolution of this dispute. Therefore, I stayed disposition of SEPTA's motion for summary judgment pending the outcome of settlement negotiations. After several months, the parties advised that negotiations had proved unfruitful and sought disposition of the instant motion. For the reasons stated below, I will now grant SEPTA's motion for summary judgment. [*2]
tagged EJ SEPTA city_planning law planning_law social_equity social_justice transportation_law
by jn
...and 5 other people
...on 31-JAN-07
COMMITTEE FOR A BETTER NORTH PHILADELPHIA and TYRONE REED, Appellants v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, ROBERT J. THOMPSON, LEWIS F. GOULD, JAMES C. McHUGH, FRANKLIN C. WOOD, RICHARD E. KURTZ, BRIAN W. CLYMER, THOMAS M. HAYWARD, FRANK W. JENKINS, JUDITH E. HARRIS, MARY C. HARRIS, H. PATRICK SWYGERT
No. 90-1656
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
935 F.2d 1280; 1991 U.S. App. LEXIS 12485
February 1, 1991, Argued
May 29, 1991, Filed
NOTICE:
[*1]
RULES OF THE THIRD CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY:
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA; (D.C. Civil No. 88-01275); District Judge: Hon. Daniel H. Huyett, 3rd.
JUDGES: Sloviter, Chief Judge, Nygaard, Circuit Judge, and Barry, District Judge. *
* Honorable Maryanne Trump Barry, United States District Judge for the District of New Jersey, sitting by designation.
OPINION: Affirmed
No. 90-1656
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
935 F.2d 1280; 1991 U.S. App. LEXIS 12485
February 1, 1991, Argued
May 29, 1991, Filed
NOTICE:
[*1]
RULES OF THE THIRD CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY:
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA; (D.C. Civil No. 88-01275); District Judge: Hon. Daniel H. Huyett, 3rd.
JUDGES: Sloviter, Chief Judge, Nygaard, Circuit Judge, and Barry, District Judge. *
* Honorable Maryanne Trump Barry, United States District Judge for the District of New Jersey, sitting by designation.
OPINION: Affirmed
tagged EJ SEPTA city_planning law planning_law social_equity social_justice transportation_law
by jn
...on 31-JAN-07
Transit Cooperative Research Program
Sponsored by the Federal Transit Administration
LEGAL RESEARCH DIGEST
June 1997--Number 7
Subject Areas: IA Planning and Administration and IC Transportation Law
The Impact of Civil Rights Litigation Under Title VI and
Related Laws on Transit Decision Making
This report was prepared under TCRP Project J-5, "Legal Aspects of Transit and Intermodal Transportation
Programs," for which the Transportation Research Board is the agency coordinating the research. The report was
prepared by Sandra Van De Walle. James B. McDaniel, TRB Counsel for Legal Research Projects,
was the principal investigator and content editor.
Sponsored by the Federal Transit Administration
LEGAL RESEARCH DIGEST
June 1997--Number 7
Subject Areas: IA Planning and Administration and IC Transportation Law
The Impact of Civil Rights Litigation Under Title VI and
Related Laws on Transit Decision Making
This report was prepared under TCRP Project J-5, "Legal Aspects of Transit and Intermodal Transportation
Programs," for which the Transportation Research Board is the agency coordinating the research. The report was
prepared by Sandra Van De Walle. James B. McDaniel, TRB Counsel for Legal Research Projects,
was the principal investigator and content editor.
The Impact of Civil Rights Litigation Under Title VI and Related Laws on Transit
Decision Making
By Sandra Van de Walle
New York, New York