University of Virginia Library

Court Rules Against Federal Funding
Of Proposed Louisa County Prison

By ANN BROWN

The 4th Circuit Court of Appeals ruled
yesterday that federal funds may not be
used for the construction of a state prison
at the proposed site in the Green Springs
area of Lousia County.

The Green Springs Association took
their case to the Federal Court, August
23, after U.S. District Judge Robert R.
Merhige ruled in favor of the use of federal
funds for the prison at its proposed site.

The decision given by the federal court,
affirmed the state's right to build the medical
and receiving center anywhere it wished but it
ordered the Law Enforcement Assistance
Administration to comply with the provisions
of the National Historical Preservation Act and
the National Environmental Act.

$775,000 Grant

The LEAA had awarded a block grant of
$775,000 to the state to build a prison. These
funds represent 20 to 25 per cent of the total
cost of the 3.7 million dollars prison. As a
result of yesterday's ruling, the state will not be
able to use this allocation until the LEAA
prepares a statement on the impact of the
project on the environment and on the
historical landmarks.

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This statement will then be circulated to
several federal agencies who will make
comments on it. The final decision, however,
rests with the LEAA.

This statement had maintained that the two
federal acts had been overruled by the more
recent Safe Streets Act. They maintained that
Congress had designed the streets act to give
states authority in using federal funds.

Federal Control

Mr. Merhige had accepted the LEAA
argument that the Safe Street Act prevented
federal control of state spending of grants. He
said the Safe Streets Act took precedence over
the Historical Act because the it was passed
later and more accurately reflected the mood of
Congress. And, he said, it overruled the
Environmental Act because the Streets Act
required the agency to make grants, while the
Environmental Act said it should be followed as
closely as possible.

The appeals court's three judge panel
overturned Mr. Merhige's decision.

The judges, Simon Sobelhoff, Clement
Haysworth, and Harrison Winter, ruled that
there was no conflict among the three laws
because the Safe Streets Act was designed to
give the federal government "as small a role as
possible" in state spending to preserve local
autonomy, while the other laws were passed to
protect areas of historical and environmental
value.

The appeals court stated further that it
would not stop the state from building the
facility because these federal laws "impose no
duties on the state and operate only upon
federal agencies."

The Green Springs residents had protested
the building of the four-building,
fence-enclosed facility as harmful to the beauty
and historical value of the area.

The Green Springs community consists of 26
farm houses. Some were built during the
original settlement of the area in the early
1700's. The most recent was built in 1860. At
present 23 of these houses are listed in the
archives of the Library of Congress and three
are on the National Register of Historic places.

According to Frederick Hartt, Chairman of
the University's department of Art, "No
reasonable argument for the choice of this
wonderful spot as a prison site has yet been put
forward."

Other Sites

The Green Springs Association has
maintained that there are other sites in Lousia
County which would be better locations for the
prison facility.

The Virginia Historic Landmarks
Commission recommended to Governor
Linwood Holton in its report on Green Springs
that the prison not be built there.

Mr. Hartt stated that $15,000 has been
raised from the residents of Green Springs and
from house tours of the area, to help pay court
expenses.

Following yesterday's ruling, Mrs. Hiram
Ely, wife of the President of the Green Springs
Association, discussed the groups plans for the
near future. Regarding the LEAA, she said, "We
will simply wait for these impact statements to
come out."

"If they are not accurate," she added, "we
will take steps to see that they are." Mrs. Ely
also commented, "We hope the state will take
this opportunity to reconsider its position."

Mrs. Ely stated, "It has been well established
that the effect on the environment would be
devastating."