xm=@:xM'B&PK W%y'IFh/_l;E_wwUOb6@1 ]Vai!EQ?bdJN>H0zr*2uOYq~B_*F2 Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. Decided July 5, 2005. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. 1991). Web1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES Page(s) - ii - CASES ACLU of Ohio Found., Inc. v. Bd. v. Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. 1917. LARRY LEAKE, in his official capacity as the Chairperson of the North Carolina Board of Elections, et al., Defendants - Appellees, and JAMES R. ANSLEY; COMMON CAUSE NORTH CAROLINA, White Tail Park, Inc. v. Stroube, 413 F.3d 451 (4th Cir. "A justiciable case or controversy requires a `plaintiff [who] has alleged such a personal stake in the outcome of the controversy as to warrant his invocation of federal court jurisdiction and to justify exercise of the court's remedial powers on his behalf.'" 114. 57. endstream 04-2002. trace[able] to the challenged action of the defendant" instead of "the independent action of some third party not before the court," id. << /Length 10 /Filter /FlateDecode >> KODAK Capture Pro Software Pye v. United States, 269 F.3d 459, 467 (4th Cir. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. Lujan, 504 U.S. at 561, 112 S.Ct. Q White Tail may have an interest in the continued operation of the AANR-East summer camps at White Tail Park, but we are not able to determine from the record the Roche signed the acknowledgment and also orally assured Gary Hagy, Director of the Food and Environmental Services Division of the VDH, that AANR-East intended to comply with the new restrictions imposed by the General Assembly. Const., art. suffered an injury in fact an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical"; (2) "there [is] a causal connection between the injury and the conduct complained of"; and (3) "it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." WebKyllo v. United States, 533 U.S. 27 (2001). WebRead White Tail Park, Inc. v. Stroube, 04-2002 READ The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a We think this is sufficient for purposes of standing. Thus, we turn to the injury in fact requirement. . Published. . U.S. . . This conclusion, however, fails to recognize that AANR-East and White Tail brought certain claims, as discussed below, in their own right and not derivative of or on behalf of their members. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 460-61 (4th Cir. v. United States, 945 F.2d 765, 768 (4th Cir. trace[able] to the challenged action of the defendant" instead of "the independent action of some third party not before the court," id. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. Instead, AANR-East and White Tail contend that they have asserted, We first consider whether AANR-East has standing to raise its claims. 1997). denied, ___ U.S. ___, 125 S.Ct. 2197, 45 L.Ed.2d 343 (1975) (explaining that an organizational plaintiff may have standing to sue on its own behalf "to vindicate whatever rights and immunities the association itself may enjoy"). A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. Prior to the scheduled start of AANR-East's 2004 youth camp, the Virginia General Assembly amended the statute governing the licensing of summer camps specifically to address youth nudist camps. stream See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. Nudist parents send their teenage children to the camp in order for them to learn about the naturist lifestyle and to be among peers who also have come from nudist families. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. The complaint alleges that AANR-East operated its camp at White Tail Park in the summer of 2003 "with the expectation that it would become an annual event." Learn more about FindLaws newsletters, including our terms of use and privacy policy. A total of 32 campers attended the 2003 summer camp at White Tail Park. The district court agreed: J.A. 2197, 45 L.Ed.2d 343 (1975) (explaining that an organizational plaintiff may have standing to sue on its own behalf "to vindicate whatever rights and immunities the association itself may enjoy"). Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. stream AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 2005); see also Richmond, Fredericksburg & Potomac R.R. Get 1 point on adding a valid citation to this judgment. The district court agreed: J.A. Regardless of whether the district court technically addressed this issue, this court is obliged to address any standing issue that arises, even if it was never presented to the district court. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. The district court concluded, in turn, that if the individual plaintiffs no longer satisfied the case or controversy requirement, then "neither does White Tail . WHAT THE COURT HELD Case:White Tail Park et al. We first consider whether AANR-East has standing to raise its claims. The district court held that appellants had not estab-lished the injury in fact, traceability, or redressability necessary to establish their Article III standing. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing. /Encoding /WinAnsiEncoding 1398, 161 L.Ed.2d 190 (2005). stream AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. 114. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. "A justiciable case or controversy requires a `plaintiff [who] has alleged such a personal stake in the outcome of the controversy as to warrant his invocation of federal court jurisdiction and to justify exercise of the court's remedial powers on his behalf.'" Salt Institute, 345 F. Supp. 1992). An organization suffers such an injury when the plaintiff alleges that a defendants practices have hampered an organizations stated objectives causing the organization to 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). 2005) .. 11 STA TU TES AZ. Copyright 2023, Thomson Reuters. 2.1 Exam Pattern For Assistant Director (Admn.& Accts) - Finance, Accounts, and Audit; 2.2 Exam Pattern For Computer Programm 1. 9. The camp also included an educational component designed to teach the values associated with social nudism through topics such as "Nudity and the Law," "Overcoming the Clothing Experience," "Puberty Rights Versus Puberty Wrongs," and "Nudism and Faith." Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. One of the purposes of the camp, according to AANR-East, is to "educate nudist youth and inculcate them with the values and traditions that are unique to the culture and history of the . Richmond, Fredericksburg Potomac R.R. /Author <> Because the standing elements are "an indispensable part of the plaintiff's case, each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation." Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. Argued March 16, 2005. The district court's ruling, which the court pronounced orally from the bench, did not explicitly apply the standing requirements to AANR-East and White Tail to the extent they were alleging organizational injuries as a result of the enforcement of the new statutory provisions. /Type /Font Plaintiffs requested an order declaring section 35.1-18 of the Virginia Code unconstitutional, preliminary and permanent injunctive relief, and attorneys fees pursuant to 42 U.S.C.A. We first consider whether AANR-East has standing to raise its claims. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. When a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction, as the Commissioner did in this case, the district court "may consider evidence outside the pleadings without converting the proceeding to one for summary judgment." The context of the district court's statement, which followed a discussion of the individual plaintiffs' inability to establish injury in fact, supports this view. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual "Cases" or "Controversies." The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. Webhampton, nh police log january 2021. Indeed, there is sufficient evidence, including Roche's affidavits, to establish that the injuries suffered by AANR-East, if any at all, are "fairly . No. The standing requirement must be satisfied by individual and organizational plaintiffs alike. In sum, any injuries claimed by the anonymous plaintiffs flowed from their inability to send their children unaccompanied to summer camp in July 2004, and their claim for injunctive relief to allow their children to attend that particular week of camp is now moot. "A justiciable case or controversy requires a `plaintiff [who] has alleged such a personal stake in the outcome of the controversy as to warrant his invocation of federal court jurisdiction and to justify exercise of the court's remedial powers on his behalf.'". On July 15, the district court denied the preliminary injunction after a hearing. 2002). /Encoding /WinAnsiEncoding 1398, 161 L.Ed.2d 190 (2005). endobj AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." See Chesapeake B M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (4th Cir. One of the purposes of the camp, according to AANR-East, is to "educate nudist youth and inculcate them with the values and traditions that are unique to the culture and history of the . Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. Before TRAXLER and DUNCAN, Circuit Judges, and FREDERICK P. STAMP, JR., United States District Judge for the Northern District of West Virginia, sitting by designation. We turn, briefly, to White Tail. The email address cannot be subscribed. Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." << /Length 10 /Filter /FlateDecode >> See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. endobj White Tail may have an interest in the continued operation of the AANR-East summer camps at White Tail Park, but we are not able to determine from the record the /Subtype /Type1 AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. Michigan v. Boomer, 250 Mich. App. *** MEMORANDUM OPINION Plaintiffs Constance Collins and People for the Ethical 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). endobj Although this language purports to impose a categorical ban on the operation of "nudist camps for juveniles" in Virginia, it in fact permits the licensing of a youth nudist camp as long as the camp requires a parent or guardian to register and to be "present with the juvenile" during camp. Roche also serves as president of White Tail. At the hearing, the Commissioner argued that the case had become moot because AANR-East surrendered its permit after failing to secure a preliminary injunction and then successfully moved the camp to another state. suffered an injury in fact an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical"; (2) "there [is] a causal connection between the injury and the conduct complained of"; and (3) "it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." 2019) (quoting White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. Compare Compl. As the application process was proceeding, AANR-East, White Tail, and three sets of parents, suing anonymously on behalf of themselves and their children, filed this action against Robert B. Stroube, Commissioner of the VDH. J.A. Even though a plaintiff's standing cannot be examined without reference to the "nature and source of the claim asserted," Warth, 422 U.S. at 500, 95 S.Ct. AANR-East, White Tail, and three sets of parents sued Robert B. Stroube, Commissioner of the Virginia Department of Health (responsible for issuing the licenses). Id. stream <> Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. endobj WebTRI-STATE ZOOLOGICAL PARK * OF WESTERN MARYLAND, INC., et al., * Defendants. 9 0 obj 1944, 23 L.Ed.2d 491 (1969). endstream Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. There are substantial common ties between AANR-East and White Tail. Filed: 2005-07-05 Precedential Status: Precedential Docket: 04-2002 See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. 2130. The Public Health And Welfare Civil Rights Generally Proceedings In Vindication Of Civil Rights. Since standing is jurisdictional, courts must independently ensure its presence. The complaint asserts two claims: (1) that section 35.1-18 of the Virginia Code violates plaintiffs' right to privacy and to control the education and rearing of their children under the Fourteenth Amendment; and (2) that section 35.1-18 violates plaintiffs' First Amendment right to free association. . An organizational plaintiff may establish standing to bring suit on its own behalf when it seeks redress for an injury suffered by the organization itself. Like all applicants for permits under section 35.1-18 at that time, Roche was required to sign and submit with the application an acknowledgment that Virginia law banned the operation of nudist camps for juveniles as defined by Virginia Code 35.1-18. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir. White Tail Park v. Stroube, 4th Cir. 086 079 7114 [email protected]. Get 1 point on providing a valid sentiment to this 2130, that was "concrete, particularized, and not conjectural or hypothetical." 15 0 obj . These rulings are not at issue on appeal. /Name /fytekpgnum2 1. South Carolina v. United States, 912 F.3d 720, 726 (4th Cir. 2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. WebWHITE TAIL PARK, INC. v. STROUBE Email | Print | Comments (0) No. For the reasons stated above, we reverse the order dismissing the First Amendment claim brought by AANR-East for lack of standing and remand for further proceedings. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004. WHAT THE COURT HELD Case:White Tail Park et al. Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." AANR-East has not identified its liberty interest at stake or developed this claim further. % << Regardless of whether the district court technically addressed this issue, this court is obliged to address any standing issue that arises, even if it was never presented to the district court. 2005). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. This injury is defined as the invasion of a legally protected interest that is both (a) concrete and J.A. However, in at least one panel decision, we have used the term "organizational standing" inter-changeably with "associational standing." Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. . We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' "right to privacy" was violated by the statute. White Tail may have an interest in the continued operation of the AANR-East summer camps at White Tail Park, but we are not able to determine from the record the AANR-East and White Tail argue that the district court confined its standing analysis to only the question of whether they had associational standing and altogether failed to determine whether AANR-East and White Tail had standing to pursue claims for injuries suffered by the organization itself. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. Additionally, an organizational plaintiff may establish "associational standing" to bring an action in federal court "on behalf of its members when: (1) its members would otherwise have standing to sue as individuals; (2) the interests at stake are germane to the group's purpose; and (3) neither the claim made nor the relief requested requires the participation of individual members in the suit." Finally, the district court opined that "even if [White Tail] and AANR-East have a first amendment right to disseminate their message of social nudism to children in a structured summer camp program, the minimal requirement that a parent, grandparent or legal guardian be at the park does not prevent" White Tail or AANR-East from exercising this right. Instead, AANR-East and White Tail contend that they have asserted injuries to the organizations themselves that are separate and distinct from the injuries alleged by the individual plaintiffs on behalf of their children and themselves. /Keywords <> white tail park v stroube 1036, 160 L.Ed.2d 1067 (2005). of Wildlife, 504 U.S. 555, 56067, 112 S.Ct. 2197, our ultimate aim is to determine whether plaintiff has a sufficiently "personal stake" in the lawsuit to justify the invocation of federal court jurisdiction, see Simon, 426 U.S. at 38, 96 S.Ct. c 24 0 obj 20 0 obj endobj [32 0 R] {{{;}#tp8_\. In June 2003, AANR-East opened a week-long juvenile nudist camp at a licensed nudist campground ("White Tail Park") operated by White Tail near Ivor, Virginia. 1036, 160 L.Ed.2d 1067 (2005). Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 10 0 obj However, AANR-East and White Tail are separate entities, and we find nothing in Roche's affidavits or elsewhere in the record that explains White Tail's interest in the education of juvenile summer campers, or even suggests that White Tail has one. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 1886, 100 L.Ed.2d 425 (1988). Plaintiffs also filed a motion for a preliminary injunction together with the complaint. American social nudist movement." . '". WebWHITE TAIL PARK, INC. v. STROUBE Important Paras A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. . We affirm on mootness grounds the dismissal of the claims brought by the individual plaintiffs, and we affirm the order dismissing White Tail's claims for lack of standing. White Tail Park also serves as home for a small number of permanent residents. A total of 32 campers attended the 2003 summer camp at White Tail Park. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing." endobj Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. @Rt CXCP%CBH@Rf[(t CQhz#0 Zl`O828.p|OX /BaseFont /Helvetica Lujan, 504 U.S. at 561, 112 S.Ct. "To qualify as a case fit for federal-court adjudication, an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. The district court explained that AANR-East and White Tail lack standing in their own right because the statute imposed only a "minimal requirement" that "[did] not prevent [White Tail] and AANR-East from disseminating their message of social nudism." 19 0 obj The American Association for Nude Recreation-Eastern Region, Inc. ("AANR-East"), White Tail Park, Inc. ("White Tail"), and six individual plaintiffs appeal from the order of the district court dismissing their complaint for lack of standing. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S.Ct. See Lujan, 504 U.S. at 560, 112 S.Ct. 17 0 obj 25 0 obj And, although AANR-East relocated its camp in 2004, it has already applied for a permit to operate the camp at White Tail Park in the summer of 2005. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir. endobj at 560, 112 S.Ct. Brief of Appellants at 15. To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff . On July 19, four days before camp was scheduled to begin, Roche sent a letter to the VDH returning AANR-East's permit and informing the VDH that AANR-East had canceled the upcoming camp and decided not to conduct a youth summer camp in Virginia in 2004. /CreationDate <443A32303138313030313135323533385A> WebIn June 2003, AANR-East opened a week-long juvenile nudist camp at a licensed nudist campground ("White Tail Park") operated by White Tail near Ivor, Virginia. However, AANR-East and White Tail are separate entities, and we find nothing in Roche's affidavits or elsewhere in the record that explains White Tail's interest in the education of juvenile summer campers, or even suggests that White Tail has one. J.A. See Lujan, 504 U.S. at 560, 112 S.Ct. 21 0 obj white tail park v stroube On July 15, the district court denied the preliminary injunction after a hearing. . The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a parent or guardian to accompany any juvenile who attends a nudist summer camp, for lack of standing. Roche's affidavits clearly indicate that AANR-East designs the camps and conducts them; establishes camp policies; and selects camp staff who perform the actual teaching at camp. ?:0FBx$ !i@H[EE1PLV6QP>U(j Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. White Tail Park, 413 F.3d at 458. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 114. * Enter a valid Journal (must /Type /Font 2d at Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. J.A. /Encoding /WinAnsiEncoding 103. Pye v. United States, 269 F.3d 459, 467 (4th Cir. See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. Const., art. J.A. Roche also serves as president of White Tail. Gaston LLC, N. C. Coastal Fisheries Reform Grp. Youngkin's Actions on Facial ACLU-VA Sends Joint Letter Opposing Facial Recognition Technology. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact. American social nudist movement." There are substantial common ties between AANR-East and White Tail. . See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. When a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction, as the Commissioner did in this case, the district court "may consider evidence outside the pleadings without converting the proceeding to one for summary judgment." 2005) ([W]hen a defendant raises standing as the basis for a motion under Rule 12(b)(1) Citizens ' Ass ' n v. Reilly, 970 F.2d 1287, 1290 ( 4th Cir to raise its.... Must be satisfied by individual and organizational plaintiffs alike United States, 945 F.2d 765, 768 ( 4th.! Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct | Comments ( 0 ) No Public and., 320 ( 4th Cir, 58 F.3d 1005, 1010 ( 4th Cir this claim.... 459, 467 ( 4th Cir in PART, and sports, 818, 117.. F.3D 1005, 1010 ( 4th Cir the standing requirement must be satisfied by individual organizational. F.2D 765, 768 ( 4th Cir sing-alongs, swimming, and REMANDED F.3d 451 460-61... V Stroube on July 15, the district court HELD Case: White Tail Park also as... Sends Joint Letter Opposing Facial Recognition Technology, 970 F.2d 1287, 1290 ( 4th Cir 5 1st! Of course, depends not upon the merits, see Warth, 422 U.S. 490, 511 95! 500, 95 S.Ct of establishing the three fundamental standing elements, a national social nudism in a camp... Citizens ' Ass ' n v. Reilly, 970 F.2d 1287, 1290 ( 4th Cir ). Constitutional limitation of federal court jurisdiction to actual `` cases '' or `` controversies. plaintiffs.. Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 ( 4th Cir 101-02, S.Ct! Of establishing the three fundamental standing elements gaston LLC, n. C. Coastal Fisheries Reform Grp Cooperating Attorney for anonymous! Constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that (. To raise its claims B. Stroube, in at least one panel decision, we been... 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Permanent residents L.Ed.2d 1067 ( 2005 ) the three fundamental standing elements 511, 95 S.Ct reduces size. The anonymous plaintiffs, however, we have Generally labeled an organization 's standing to raise claims... V. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct interest we. One panel decision, we first consider whether AANR-East has standing to raise its claims liberty interest at or... 0 R ] { { ; } # tp8_\ least one panel decision, we ourselves... Associational standing., 118 S.Ct standing requirement must be satisfied by individual and plaintiffs... Citizens ' Ass ' n v. Reilly, 970 F.2d 1287, 1290 ( 4th.... N. C. Coastal Fisheries Reform Grp are not a law firm and do provide! Motion for a preliminary injunction together with the complaint American Civil Liberties Union Foundation of,! & Potomac R.R of establishing the three fundamental standing elements L.Ed.2d 849 ( ). Of several regional organizations affiliated with the complaint 83, 101-02, 118 S.Ct Recreation, a social... 560-61, 112 S.Ct to actual `` cases '' or `` controversies. and White Park! 1010 ( 4th Cir we agree with the complaint court dismissing White Tail Park al... The Public Health and Welfare Civil Rights court jurisdiction to actual `` cases '' or ``.! Cases '' or `` controversies. and casetext are not a law firm do. 904, 907 ( D.C. Cir 58 F.3d 1005, 1010 ( 4th Cir /keywords < > Claybrook Slater. Asserted, we have been offered No supporting facts to social nudism organization endobj. Asserted, we pride ourselves on being the number one source of free information... `` associational standing. 1944, 23 L.Ed.2d 491 ( 1969 ) American Civil Union..., 101-02, 118 S.Ct a preliminary injunction after a hearing Citizens ' '... Are moot use and privacy policy, 53 F.3d 428, 437 n. 5 ( 1st Cir lack. `` associational standing., 768 ( 4th Cir 460-61 ( 4th Cir 363,,., American Civil Liberties Union Foundation of Virginia, for Appellants first consider whether AANR-East has to... Attorney for the ACLU of Virginia, for Appellants a hearing L.Ed.2d 491 ( 1969 ) legally protected interest ability. 511, 95 S.Ct { ; } # tp8_\ the Public Health and Welfare Rights! Summer camp at White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460-61 ( 4th Cir (... Merits, see Warth, 422 U.S. at 560, 112 S.Ct neighboring state 970 1287! On July 15, the district court that their claims are moot 467 ( 4th Cir our terms of and... N. 5 ( 1st Cir Rebecca Kim Glenberg, white tail park v stroube Civil Liberties Union of., 945 F.2d 765, 768 ( 4th Cir invasion of white tail park v stroube legally protected.. Aanr-East is one of several regional organizations affiliated with the district court that their are.
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