United States First Circuit

Denial of injunctive relief in a suit alleging that the FTA's funding of a project to make the Copley Square transit station compliant with the ADA violated historical preservation statutes is affirmed where the FTA did not act arbitrarily or capriciously, and violated no state or federal laws.

Appellate Information

• Decided 09/14/2006
• Published 09/14/2006

Judges

• DYK, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and DYK , Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Laurence E. Hardoon, with whom Deirdre Brennan Regan and Brody, Hardoon, Perkins & Kersten, LLP, were on brief, for appellants Neighborhood Association of the Back Bay, Inc., The Boston Preservation Alliance, Inc.


• For Appellees:
  
• Barbara Healy Smith, with whom Michael J. Sullivan was on brief, for appellee Federal Transit Administration., Stephen M. Leonard, with whom Rachel A. Lipton and Brown Rudnick Berlack Israels L.L.P., were on brief, for appellee Massachusetts Bay Transportation Authority.