Volpe
La Raza Unida of Southern Alameda County v. Volpe
Opinion
Opinion
Peckham, J.
MEMORANDUM AND ORDER
Plaintiffs bring this motion pursuant to the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C.A. § 1988 (West Supp. 1977) (hereinafter “Attorney’s Fee Act”), to recover attorney’s fees incurred in obtaining a preliminary injunction against further implementation of California Highway Project 238. La Raza Unida v. Volpe, 337 F.Supp. 221 (N.D.Cal.1971), aff’d 488 F.2d 559 (9th Cir. 1973), cert. denied, 417 U.S. 968 , 94 S.Ct. 3171 , 41 L.Ed.2d 1138 (1974).
A brief history of this litigation will help place the issues raised by the instant motion into context.
Plaintiffs initiated this action on June 16, 1971, seeking to halt land acquisition and other preparations for California Highway Project 238, a proposed highway of 14 miles planned to pass through Hayward, Union City and Fremont, California. The complaint alleged that defendants had failed to adhere to certain federally imposed requirements regarding the construction of “federal-aid” highways, including the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, sections 205 and 210, 42 U.S.C. §§ 4625 , 4630 (1970) (hereinafter Relocation Assistance…