Citizens to Preserve Overton Park, Inc., Et.Al. V. Volpe, Secretary of Transportation, Et. Al..,

Citizens to Preserve Overton Park, Inc., et.al. v. Volpe, Secretary of Transportation, et. Al..,

United State Supreme Court, 401 U.S. 402 (1971)

JUSTICE MARSHALL

In this case private citizens and local conservation groups contended that the Secretary of Transportation was in violation of the Department of Transportation Act of 1966 and the Federal Aid Highway Act of 1968 for trying to build a highway thru a city park. Under the laws it prohibits the Secretary of Transportation to use federal funds to finance the construction of highways through public parks if there is an alternative route available. The laws state that if there is no alternative route available in order for the Secretary to approve construction everything must be done to minimize harm to the park. The highway that was proposed was a six lane highways through a public park in Memphis, Tennessee. The Overton Park is a 342 acre park near the center of Memphis and has many recreational attractions such as a zoo, golf course, and 170 acres of forest. The highway proposal was to be below ground level except for a small portion where it crosses a creek. The proposal would use 26 acres of the city park.

At first the private citizen’s case was rejected by the District Court and by the Court of Appeals. Later after an oral argument the Courts granted another review and the case was reinstated for further proceedings in the District Court. In April of 1968 the Secretary of Transportation John A. Volpe decided in accordance with local officials that the highway would be built. Petitioners argued that the final project plans where against the “Federal Highway Act” and that Secretary Volpe did not find alternative routes or make changes to the design to reduce the harm to the park. They argued that the law is clear under both the “Department of Transportation Act” and the “Federal Aid Act”. The law stated that that the Secretary shall not approve any program or project that requires the use of...