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CITY OF BEAVER FALLS v. ECONOMIC DEV. ADMIN.

November 14, 1977

CITY OF BEAVER FALLS, Plaintiff
v.
ECONOMIC DEVELOPMENT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, JUANITA M. KREPS, SECRETARY OF COMMERCE, and ROBERT T. HALL, ASSISTANT SECRETARY OF COMMERCE FOR ECONOMIC DEVELOPMENT, Defendants


Weber, J.


The opinion of the court was delivered by: WEBER

[EDITOR'S NOTE: The following court-provided text does not appear at this cite in 439 F. Supp.]

ORDER

 AND NOW, this 27th day of October, 1977, after hearing on Plaintiff's Motion for Preliminary Injunction and upon consideration of the Stipulation of the parties that such hearing shall constitute the final hearing on Plaintiff's Complaint, and for the reasons set forth in the foregoing Opinion, the Plaintiff's prayer for injunctive relief is DENIED, and Plaintiff's Complaint is hereby DISMISSED.

 GERALD J. WEBER United States District Judge

 This is a suit by the City of Beaver Falls, a municipal corporation in the State of Pennsylvania, against the Economic Development Administration of the United States Department of Commerce, and certain administrative officers of said Department, claiming that the defendants failed to administer properly the Public Works Employment Act of 1977 (42 U.S.C. § 6701 et seq. as amended).

 The general scheme of the statute was to provide a scheme for funding by the federal government of local public works projects to be initiated by state, county, and local government units for the purpose of relieving the effects of unemployment in depressed areas. In 1976, Congress had passed a predecessor of this Act and appropriated two billion dollars to fund it. The projects submitted by various local government units for approval far exceeded the appropriation of 1976, and so the legislation was reenacted and amended in 1977 with some amendments and an appropriation of four billion dollars.

 The City of Beaver Falls had submitted an application for such grants in 1976, but was disappointed in receiving no funding and submitted further applications in 1977 for projects which were approved. A "planning target" of $634,000 had been assigned to the City of Beaver Falls and Beaver Falls submitted projects which were expected to consume this sum of money. Later, the planning target for the City of Beaver Falls was adjusted to $484,000 and the City of Beaver Falls adjusted its priority of projects to account for the $484,000.

 Subsequently, in about August 1977, the Big Beaver Falls Area School District for the first time submitted to the Economic Development Administration an application for a grant under the same program. Subsequent to this the Economic Development Administration notified the City of Beaver Falls that the two lower ranking applications on the plaintiff's revised priority list had been denied because of a lack of consent from the Big Beaver Falls Area School District to such application. The EDA then issued written notice to plaintiff that its highest ranking application for a project in the amount of $242,000 had been selected for funding. This was one-half of the planning target for the City of Beaver Falls. At about the same time the EDA also notified the Big Beaver Falls Area School District that its application had been selected for funding and tendered to said School District an offer in the amount of $242,000 for funding this project. The result of this application was to split in half the original planning target of the City of Beaver Falls, awarding one-half to the City of Beaver Falls, and one-half to the Big Beaver Falls Area School District.

 It is not contested in this case that the Big Beaver Falls Area School District meets the requirement of the EDA for a local project within the City of Beaver Falls, because more than fifty percent of the students in the School District area come from the municipal area of the City of Beaver Falls.

 A motion for hearing on plaintiff's prayer for preliminary injunction was filed, a time was set for hearing and submission of briefs and a hearing was held on October 27, 1977. The parties submitted voluminous materials by way of briefs and the hearing proceeded on arguments of law on the assumption that there was no genuine issue as to any of the material facts. At the conclusion of the hearing on the motion for preliminary injunction it was stipulated that the record of said hearing should constitute the record of final hearing on the matter, there being no desire by the parties to present any further evidentiary materials.

 There is no dispute between the parties that the court has jurisdiction over this matter by reason of a federal question involved. 28 U.S.C. § 1331.

 We do not find the action subject to dismissal for failure to join the Big Beaver Falls Area School District because we do not find the presence of that party necessary on this record to ...


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