Cushing, Lippman and Baker contend that the settlement should not be accepted because they allege Subclass I's counsel has inadequately represented their interests. The Court disagrees and its reasons are stated in an October 30, 1978 Order denying objectors' Motion to Remove Counsel. These objectors also allege that the settlement was not arrived at by arms-length negotiations. The Court finds no evidence to support these allegations. The parties represent varied interests and have always taken a strong adversary position in this litigation. There is no reason to believe that any party unduly compromised its position, even though all eventually reached an accord.
Cushing, Lippman and Baker object to the settlement on the basis that it is unlikely that Subclasses II, III and IV would win their case. First, the Court, as noted earlier, disagrees with the assertion. Second, and more importantly, the Court does not believe that this fact, if it were a fact, would be a basis for finding the settlement unfair to Subclass I. It is only Subclass I's chances of success with which the Court is presently concerned.
Milton Hollander also quarrelled with certain specific aspects of the settlement agreement. First, he found it objectionable that the PAC Design Selection Criteria will not have input in the Developer's Packet; however, Hollander did not explain what the Design Selection Criteria was and how its exclusion rendered the settlement unfair or inadequate. Second, he objected to the limited time that the plaintiffs and RDA will be given to review and comment upon the Notice of Fund Availability and the Developer's Packet prepared by HUD, i. e. 2 days. Under the settlement agreement, though, the plaintiffs, the PAC, the RDA, and the City's Technical Evaluation Committee are allowed 30 days to submit comments upon the proposals of developers; this appears to provide interested parties sufficient time and opportunity to express their views. Hollander also complained that this comment period is meaningless; the Court disagrees. Although these groups' opinions are advisory only, their expression allows HUD to be aware of community sentiment which presumably will be important to the HUD decision. The notice and comment decision-making process that the settlement provides for is common to federal agency action. Unless one completely rejects the usefulness of that process, it can not be found "meaningless" here. The final objection raised by Hollander is that "there is no provision for input from Project Area Committee in a consolidation plan for tenants remaining in Redevelopment Authority properties." As he did not explain this objection and its effect upon the settlement, the Court must disregard it in making its determination.
Because the Greek Orthodox Cathedral is not named as a developer in the settlement, the Cathedral objected to the settlement. This objection is improper as it does not relate to the settlement's fairness.
In conclusion the Court overrules all objections to the settlement and will render its approval of the Stipulation for Consent Decree. The settlement may not be the resolution that each subclass member would choose, or for that matter the one that the Court would select, but it does meet the requirements for judicial approval. It is the hope of the Court that the objectors and the remaining community will also accept the settlement as fair and act accordingly.