Transit Authority ("Metro"), bus service convenient to Senior Village, which will travel to the Rhode Island Avenue Metro Station stopping at points in between, will commence operation on July 5, 1977. Services and facilities of all kinds are available in commercial establishments located at points that are served, or will be served, by this combination of transportation services.
17. The record further reflects that there is in fact a shortage of housing facilities available for senior citizens in the District of Columbia. Although plaintiffs themselves are eligible for housing assistance, they have been waiting for several years to find publicly-assisted housing adequate and suitable for them. It appears to the Court that to grant the preliminary injunction in this case would simply freeze the status quo of inadequate housing for the elderly in the District of Columbia and would injure elderly persons, rather than benefit them. Additionally, there has been no showing that the facilities that are presently available to these plaintiffs, who are not living in subsidized housing, are any better than the facilities that will exist at Fort Lincoln Senior Village when it is opened for occupancy.
18. The Court further finds that the issuance of a preliminary injunction could create a situation in which a default by Fort Lincoln might occur, forcing an assignment of the mortgage back to HUD and thereby further increasing public expenditures and administrative burdens. Furthermore, defendant Fort Lincoln could suffer considerable injury inasmuch as an injunction would conceivably stop not only the construction of the Senior Village, but also construction of the entire Fort Lincoln New Town project, or, at a minimum place it in serious jeopardy.
19. Finally, the Court concludes the public interest lies in providing public housing for the elderly of this community in suitable neighborhood environments with accessibility to health, commercial and community facilities. The facilities which are now, and which will be, accessible, including those which will be available when Senior Village and the Fort Lincoln New Town project are completed, satisfy the public interest. To stop the construction at this time, when Senior Village is nearing completion, would not be in the public interest.
CONCLUSIONS OF LAW
1. This Court has jurisdiction over the subject matter of this civil action under 28 U.S.C. § 1331 and 28 U.S.C. § 1361.
2. In order to obtain a preliminary injunction, the plaintiffs must make a strong showing that they are likely to prevail on the merits; that they have suffered, or will suffer, irreparable injury if the preliminary injunction is not granted; that no, or relatively little harm will result to others; and that the preliminary injunction is in the public interest. Virginia Petroleum Jobbers Assn. v. F.P.C., 104 U.S. App. D.C. 106, 259 F.2d 921 (1958).
3. There is no dispute that the standard of review which this Court must use is whether HUD's actions were arbitrary, capricious, an abuse of discretion or otherwise not in compliance with law. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 28 L. Ed. 2d 136, 91 S. Ct. 814 (1971).
4. Based upon this standard of review, and in view of the Court's findings, the Court concludes that plaintiffs have failed to make a strong showing that they are likely to prevail on the merits.
5. In addition, the Court concludes that plaintiffs have not shown that they will be irreparably injured if a preliminary injunction does not issue. To the contrary, the Court concludes that both defendants might be substantially harmed by the issuance of an injunction.
6. The Court further concludes that it would not be in the public interest to grant plaintiffs' motion for a preliminary injunction.
7. Plaintiffs have therefore not met the requirements of Virginia Petroleum Jobbers Assn. v. F.P.C., supra, and are not entitled to issuance of a preliminary injunction. Accordingly, based on the foregoing Findings of Fact and Conclusions of Law, it is by the Court this 9th day of June, 1977,
ORDERED that plaintiffs' Motion For A Preliminary Injunction be, and hereby is, denied.
Joseph C. Waddy United States District Judge
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