Buckingham Township v. KEN WYKLE, HONORABLE, Administrator, Federal Highway Administration

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 01-2673
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BUCKINGHAM TOWNSHIP,
Appellant
v.
KEN WYKLE, HONORABLE, Administrator, Federal Highway
Administration; DAVID LAWTON, Chief of Planning, Region 3
Federal Highway Administration; DELAWARE VALLEY REGIONAL
PLANNING COMMISSION
BRADLEY MALLORY, Secretary for the Department of
Transportation, Commonwealth of Pennsylvania,
Intervenor in District Court
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Appeal from the United States District Court
for the Eastern District of Pennsylvania
(No. 99-cv-00621)
District Judge: Honorable Jay C. Waldman
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Argued October 30, 2001
Before: SLOVITER, NYGAARD, and AMBRO, Circuit Judges
(Opinion filed January 7, 2002)
Robert J. Sugarman (Argued)
Sugarman & Associates
100 North 17th Street
Robert Morris Building - 7th Floor
Philadelphia, PA 19103
Attorney for Appellant
Annetta F. Givhan
Office of United States Attorney
615 Chestnut Street
Philadelphia, PA 19106
And
Brett Gainer
United States Department of Transportation
10 South Howard Street
FHWA City Crescent Building - Suite 4000
Baltimore, MD 21201
Attorneys for Appellees

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Ken Wykle, Administrator, Federal Highway
Administration and David C. Lawton, Chief
Planning, Region 3 Federal Highway Administration
Kenneth Zielonis
Stevens & Lee
208 North Third Street - Suite 310
Harrisburg, PA 17101
Attorney for Appellee
Delaware Valley Regional Planning Commission
John M. Hrubovcak (Argued)
Commonwealth of Pennsylvania
Office of Chief Counsel
P.O. Box 8212
Harrisburg, PA 17105
Attorney for Appellee
Bradley Mallory, Secretary for the Department
of Transportation, Commonwealth of
Pennsylvania
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MEMORANDUM OPINION
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AMBRO, Circuit Judge
Buckingham Township appeals the District Court’s entry of summary judgment
for the defendant agencies in its suit challenging their approval of an improvement to
U.S. Route 202, Section 700 and the development of an interchange at the intersection of
Route 202 and State Route 313 (also known as Pools Corner). The District Court wrote
an excellent opinion that thoroughly addressed each of the numerous issues raised by
Buckingham Township in its lengthy brief. We have nothing to add to that Court’s fine
opinion, and thus affirm.
This summary affirmance is not meant to imply that Buckingham Township raised
frivolous issues. Indeed, it raised serious questions with respect to the procedures
followed by the agencies. For example, they could have done a better job of apprising
Buckingham Township of the progress of the Section 700 and Pools Corner projects.
Further, they could have been more forthcoming in explaining adjustments to the data
generated by their computer models. While we believe that the District Court answered
these concerns admirably, nonetheless we encourage the agencies to keep Buckingham
Township fully in the loop during upcoming projects (and phases of current projects)
affecting Buckingham Township.
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TO THE CLERK:
Please file the foregoing memorandum opinion.
/s/ Thomas L. Ambro
Circuit Judg

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