Judge Sides With Ivy City Residents in Bus Lot Dispute
A judge has sided with residents of the Ivy City neighborhood in their fight to prevent the city from building a bus parking lot on the former grounds of the Crummell School.
The judge, Judith N. Macaluso, issued a preliminary injunction this afternoon barring the city from building the lot until it can correct its "noncompliance with District of Columbia laws (a) requiring consultation with the affected Advisory Neighborhood Commission (“ANC”) and (b) enabling environmental screening of projects."
"Consideration of the record and the factors determining issuance of a preliminary injunction weigh in favor of Plaintiffs," Macaluso wrote in her ruling. "The court will enjoin use of the Crummell School grounds as a bus parking lot pending completion of the statutory requirements discussed above. The injunction will not forbid construction activities (which are virtually complete) or maintenance. The prejudice Plaintiffs assert does not flow from improvement of the lot, which was formerly in disrepair, but from use of the grounds for diesel bus parking."
Macaluso found that ANC 5B was "deliberately omitted from the consultation process," in violation of District law. She also found that the Union Station Redevelopment Corporation "evaded environmental screening by mischaracterizing the project on the Environmental Intake Form."
ACCORDINGLY, it is this 10th day of December 2012.
ORDERED, that the “Motion for a Preliminary Injunction,” filed by Plaintiffs Vaughn Bennett, Andria Swanson, and Jeanette Carter on July 26, 2012, is GRANTED. It is further
ORDERED, that Defendants Union Station Redevelopment Corporation and Mayor Vincent C. Gray are ENJOINED from operating a diesel bus parking facility on the grounds of the Crummell School until (a) procedures established by D.C. Code § 1-309.10 are complied with and (b) USRC submits an accurate Environmental Intake Form and Environmental Impact Screening Form to the District of Columbia
Department of Consumer and Regulatory Affairs, and complies with any requirements that result from evaluation of those submittals. It is further
ORDERED, that this injunction shall not restrain Defendants from completing construction or, or maintaining, the lot and appurtenant facilities. It is further
ORDERED, that this injunction shall not be lifted except by further order of the court.