United States Sixth Circuit

In a challenge brought by the city of Cleveland to a decision by the Federal Highway Administration (FHWA) to withdraw federal funds from a public works project initiated by the city intended to improve the aesthetic appearance of a local thoroughfare, the FHWA's decision is affirmed where: 1) the withdrawal of the funds was authorized under the discretion conferred on the FHWA and by 23 U.S.C. section 112(b); and 2) the FHWA acted reasonably in determining that a local ordinance's bond penalty provision violated 23 C.F.R. section 635.110(b).

Appellate Information

• Decided 11/21/2007
• Published 11/21/2007

Judges

• Before MERRITT and GRIFFIN, Circuit Judges;  LAWSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Pierre H. Bergeron, Squire, Sanders & Dempsey, Cincinnati, Ohio, for Appellant.  John J. Stark, Assistant United States Attorney, Columbus, Ohio, for Appellees.   ON BRIEF:  Pierre H. Bergeron, Ryan D. Walters, Squire, Sanders & Dempsey, Cincinnati, Ohio, for Appellant.  John J. Stark, Assistant United States Attorney, Columbus, Ohio, for Appellees.