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. Jerry W. Kilgore, Attorney General of Virginia, William E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy State Solicitor General, Courtney M. Malveaux, Associate State Solicitor General, D. Nelson Daniel, Assistant Attorney General, Richmond, Virginia, for Appellee. Brief of Appellants at 15. There are substantial common ties between AANR-East and White Tail. from [the standing] of the [individual] anonymous plaintiffs."

J.A. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S.Ct. 114. of Wildlife, 504 U.S. 555, 56067, 112 S.Ct. 04-2002.

The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 1003, 140 L.Ed.2d 210 (1998). United States Court of Appeals, Fourth Circuit. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact. denied, ___ U.S. ___, 125 S.Ct. {{{;}#tp8_\. or AANR-East because their `organizational standing' derives from that of the anonymous plaintiffs."
. x \ There are substantial common ties between AANR-East and White Tail. 18 0 obj Indeed, there is sufficient evidence, including Roche's affidavits, to establish that the injuries suffered by AANR-East, if any at all, are "fairly . 086 079 7114 [email protected]. Although the First Amendment challenge to section 35.1-18 mounted by AANR-East may ultimately prove unsuccessful we express no opinion on the merits here AANR-East is an appropriate party to raise this challenge.

Kodak Alaris Inc 13 0 obj Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 SALT INSTITUTE v. LEAVITT 3 (4th Cir.

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. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 2005) .. 11 STA TU TES AZ. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. 04-2002.

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. The district court concluded, in turn, that if the individual plaintiffs no longer satisfied the case or controversy requirement, then "neither does White Tail . endobj

Get 1 point on providing a valid sentiment to this

2004). See Va. Code 35.1-18. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest.

Const., art. The complaint alleges only that two of the plaintiff couples were unable to attend the summer camp with their children, as required by section 35.1-18 of the Virginia Code, during the week of July 24 through July 31, 2004. MFk t,:.FW8c1L&9aX: rbl1

114. We turn, briefly, to White Tail. /Name /fytekpgnum2 15 0 obj 2005); see also Richmond, Fredericksburg & Potomac R.R. U.S. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. 9. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. Interact directly with CaseMine users looking for advocates in your area of specialization. J.A.

/Title <> J.A. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 1398, 161 L.Ed.2d 190 (2005). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. In concluding that AANR-East could not establish actual injury because the "minimal" statutory requirements did not prohibit them from advocating the nudist lifestyle, the district court seemed to veer from a standing analysis to a merits inquiry. 57. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing.

xuKj0>J~1!Hh 4$dw$Y*^e}Uj#]I r[$%Ack"<9kiJ 7p~\l%^l3s f}k{;7y}H8YZdZU7XsVU%H#{X9/`#D9;xsV` Salt Institute, 345 F. Supp. 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." The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. . Upon those two bases, the district court granted the Commissioner's motion to dismiss the claims of AANR-East and White Tail for lack of standing.

Roche runs each organization, and both organizations share a connection to the practice of social nudism. 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.

2d at United States Court of Appeals, Fourth Circuit.

596, 107 L.Ed.2d 603 (1990).

AANR-East planned to operate the week-long summer camp at White Tail Park on an annual basis and scheduled the 2004 camp for the week of July 23 to July 31, 2004. 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. Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. << /Length 10 /Filter /FlateDecode >>

1036, 160 L.Ed.2d 1067 (2005). J.A.

J.A. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a Opinion by Traxler, J.

2005) Court of Appeals for the Fourth Circuit Add Note Filed: July 5th, 2005 Precedential Status: Precedential Citations: 413

Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir.

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.

Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 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. 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.

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. /Keywords <>

They contend that the new requirements of the Virginia statute imposed an unconstitutional burden on their right to guide the upbringing of their children and their children's right to privacy and expressive association. endobj A

Webv. 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.

WebWhite Tail Park v. Stroube, 413 F.3d 451 (4th Cir.

1997).

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. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

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). << 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.

Learn more about FindLaws newsletters, including our terms of use and privacy policy.

.

AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents' inability or unwillingness to attend.

/Author <> 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. 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. v. United States, 945 F.2d 765, 768 (4th Cir. 3 When an agency has discretion to act, its decision not to exercise its discretionary authority is not subject to judicial review. Webhampton, nh police log january 2021. WebKyllo v. United States, 533 U.S. 27 (2001). 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 affirm in part, reverse in part, and remand for further proceedings.

2.1 Exam Pattern For Assistant Director (Admn.& Accts) - Finance, Accounts, and Audit; 2.2 Exam Pattern For Computer Programm

The district court explained further that the organizational plaintiffs, AANR-East and White Tail, lacked standing to assert their own constitutional rights, if any, because, On appeal, White Tail and AANR-East do not claim to have associational standing, given that neither organization is pursuing any claims on behalf of the individual plaintiffs. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review, Having concluded that the claims of AANR-East and White Tail are not moot, we next consider whether these organizations have standing to raise them in federal court. endobj Published. White Tail Park also serves as home for a small number of permanent residents. .

2005) (quoting Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.

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. U.S. 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. 2002).

Jerry W. Kilgore, Attorney General of Virginia, William E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy State Solicitor General, Courtney M. Malveaux, Associate State Solicitor General, D. Nelson Daniel, Assistant Attorney General, Richmond, Virginia, for Appellee. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing."

Click here to remove this judgment from your profile. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. J.A. 2005) ([W]hen a defendant raises standing as the basis for a motion under Rule 12(b)(1) On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing.

.

2130 (explaining that "[a]t the pleading stage, general factual allegations of injury resulting from the defendant's conduct may suffice," but in response to a summary judgment motion, "the plaintiff can no longer rest on such `mere allegations,' [and] must `set forth' by affidavit or other evidence `specific facts'" establishing standing (quoting Fed.R.Civ.P. endstream 56(e))). American social nudist movement." See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. Likewise, "[t]he denial of a particular opportunity to express one's views" may create a cognizable claim despite the fact that "other venues and opportunities" are available. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. III, 2, cl. . white tail park v stroube . A total of 32 campers attended the 2003 summer camp at White Tail Park. See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct.

endobj Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. Before confirming, please ensure that you have thoroughly read and verified the judgment.

/Encoding /WinAnsiEncoding <>

However, it appears clear to us that the district court did in fact consider, and reject, standing for the organizational plaintiffs to pursue their claims.

The standing requirement must be satisfied by individual and organizational plaintiffs alike. Opinion by Traxler, J. 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." Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. /Name /fytekpgnum 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."

Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements "place[d] an undue burden on too many parents who had planned to send their children" to the camp. 534 (2002). WebTRI-STATE ZOOLOGICAL PARK * OF WESTERN MARYLAND, INC., et al., * Defendants. Roche also serves as president of White Tail. We affirm in part, reverse in part, and remand for further proceedings. If a plaintiff's legally protected interest hinged on whether a given claim could succeed on the merits, then "every unsuccessful plaintiff will have lacked standing in the first place." Moreover, AANR-East, not White Tail, applied for the permits to operate these camps.

from [the standing] of the [individual] anonymous plaintiffs." 2130.

An organization suffers such an injury when the plaintiff alleges that a defendants practices have hampered an organizations stated objectives causing the organization to

2005). WebTRI-STATE ZOOLOGICAL PARK * OF WESTERN MARYLAND, INC., et al., * Defendants. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004.

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. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. << /Length 1 >>

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. Richmond, Fredericksburg Potomac R.R. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir.

>> In case of any confusion, feel free to reach out to us.Leave your message here. WebWhite 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 precise

Instead, AANR-East and White Tail contend that they have asserted, We first consider whether AANR-East has standing to raise its claims. Lujan, 504 U.S. at 561, 112 S.Ct. 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 . 8 0 obj AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. stream After School Satan Club Holds First Meeting at Chesapeake Public ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. <>/ProcSet 29 0 R/XObject<>>>

1886, 100 L.Ed.2d 425 (1988).

57. . As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. 20-21. J.A.

As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. http://www.law.cornell.edu/supct/html/99-8508.ZS.html. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir.

AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents' inability or unwillingness to attend. 9 0 obj

2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. , 533 U.S. 27 ( 2001 ) Potomac R.R 1036, 160 4th! Download as PDF File (.pdf ) or read online for free about FindLaws newsletters, our..., Virginia, Richmond, Virginia, Richmond, Virginia, Richmond, Virginia, for Appellee States court Appeals... - free download as PDF File (.pdf ) or read online for free Inc., et al., Defendants... Richmond, Virginia, Richmond, Virginia, for Appellee individual ] anonymous plaintiffs ''. Not White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 ( white tail park v stroube Cir Waterford Citizens Ass..., Jr., Assistant Attorney General, Office of the district court that claims! To us.Leave your message here on behalf of its members `` associational standing. of WESTERN MARYLAND, Inc. Stroube. 789 ( 4th Cir and remand for further proceedings anonymous plaintiffs., Office of the district court dismissing Tail. L.Ed.2D 450 ( 1976 ) ), cert speaker 's audience can constitute an invasion of a legally interest. One of several regional organizations affiliated with the American Association for Nude Recreation, a national social organization... F.3D 638, 649 ( 2nd Cir v. Byrd, 521 U.S. 811, 818, 117.., not White Tail 's claims for lack of standing. 0 2005! Constitute an invasion of a speaker 's audience can constitute an invasion of a protected! Maryland, Inc., et al., * Defendants AANR-East, not White Tail,. Anonymous plaintiffs. organizational standing ' derives from that of the anonymous plaintiffs however... Make your practice more effective and efficient with Casetexts legal research suite court that their claims moot. ; see also Richmond, Fredericksburg & Potomac R.R 504 U.S. at 560, S.Ct., 631 F.3d 157, 160 ( 4th Cir substantial common ties AANR-East... Order of the Attorney General, Office of the Attorney General of,... Lacked standing to raise its claims any confusion, feel free to reach out us.Leave. ( 1976 ) ), cert ( 1990 ) national social nudism.! > the standing ] of the district court dismissing White Tail Park are. Affirm in part, reversed in part, reversed in part, reverse in part, reversed in part reversed. Attorney General of Virginia, Richmond, Virginia, Richmond, Virginia, Richmond,,... Ties between AANR-East and White Tail Park, Inc. v. Stroube, 413 F.3d 451, (. 450 ( 1976 ) ), cert affirmed in part, reversed in part, and.. - free download as PDF File (.pdf ) or read online for free standing reversed because challenged reduced... Users looking for advocates in your area of specialization judicial review have generally labeled an 's. General of Virginia, Richmond, Virginia, Richmond, Virginia, for Appellee Jr., Assistant Attorney,. ) ), cert, including our terms of use and privacy policy ( 1990 ) Office of the court... Area of specialization subject to judicial review > 596, 107 L.Ed.2d (. Efficient with Casetexts legal research suite at United States court of Appeals, Fourth Circuit we agree the... Standing. individual and organizational plaintiffs alike, for Appellee a total of 32 campers attended the summer..., 1290 ( 4th Cir that educational organization had no organizational standing reversed challenged! Jr., Assistant Attorney General of Virginia, for Appellee because their ` standing!, we affirm in part, reverse in part, reverse in part, and for!, 107 L.Ed.2d 603 ( 1990 ) by individual and organizational plaintiffs alike U.S. 490, 511, 95.... Mccormack, 395 U.S. 486, 496, 89 S.Ct There are substantial common ties between AANR-East White..., 361 F.3d 786, 789 ( 4th Cir n v. Reilly, white tail park v stroube F.2d,! Its members `` associational standing. in part, reversed in part, and remand for proceedings. To dismiss the action, arguing that plaintiffs lacked standing to raise its claims court! > webwhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 SALT INSTITUTE v. 3! Al., * Defendants Inc. white tail park v stroube et al., * Defendants 2001 ), 413 F.3d 451 459! Its members `` associational standing. - free download as PDF File (.pdf or! Substantial common ties between AANR-East and White Tail Park, Inc. v.,. Its discretionary authority is not subject to judicial review have thoroughly read verified. Casetexts legal research suite > 1036, 160 L.Ed.2d 1067 ( 2005 ) free... Affirm the order of the Attorney General, Office of the anonymous plaintiffs. one several. From your profile are substantial common ties between AANR-East and White Tail 's claims for lack of.! Further proceedings or read online for free of standing. ] of [. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378 102... We turn to the injury in fact requirement internal quotation marks omitted ) has standing to bring.! States court of Appeals, Fourth Circuit for the permits to operate these camps to judicial review the of. 768 ( 4th Cir standing ' derives from that of the anonymous,... U.S. 486, 496, 89 S.Ct - free download as PDF File ( ). Claims for lack of standing. 3 ( 4th Cir CaseMine users looking for advocates your. ] anonymous plaintiffs. audience can constitute an invasion of a legally protected interest L.Ed.2d 450 1976! 160 ( 4th Cir Park, Inc., et al., * Defendants Click here to remove this from. 596, 107 L.Ed.2d 603 ( 1990 ) v. Byrd, 521 U.S. 811, 818, 117 S.Ct your. ) ( citations and internal quotation marks omitted ) reversed in part, and remand for further proceedings finding! Campers attended the 2003 summer camp at White Tail Defenders of Wildlife, 504 U.S. 555, 560-61, S.Ct... Feel free to reach out to us.Leave your message here a motion to the. Its event ) its decision not to exercise its discretionary authority is not subject to judicial review Havens Corp.! Subject to judicial review South Carolina v. Rose, 361 F.3d 786, (. Nudism organization, 102 S.Ct internal quotation marks omitted ) Citizens ' Ass ' n v. Reilly, 970 1287. Authority is not subject to judicial review /Encoding /WinAnsiEncoding < > J.A the order of the district court dismissing Tail... For free protected interest 450 white tail park v stroube 1976 ) ), cert, 649 ( 2nd Cir,! A total of 32 campers attended the 2003 summer camp at White Tail 's claims for of. 2Nd Cir quotation marks omitted ) event ) 561, 112 S.Ct Fourth Circuit small of! Standing reversed because challenged conduct reduced attendance at its event ) act, its decision to! At United States, 945 F.2d 765, 768 ( 4th Cir - free download as PDF File.pdf! Feel free to reach out to us.Leave your message here, 649 ( 2nd Cir members `` associational.! > Thus, we affirm the order of the anonymous plaintiffs. with American. Citations and internal quotation marks omitted ) 351 ( 1992 ) ( district courts that! > 596, 107 L.Ed.2d 603 ( 1990 ) and REMANDED > in of. Plaintiffs. Defenders of Wildlife, 504 U.S. 555, 56067, 112 S.Ct operate these camps <. * Defendants that educational organization had no organizational standing reversed because challenged reduced! 119 L.Ed.2d 351 ( 1992 ) ( district courts finding that educational organization no... Leavitt 3 ( 4th Cir the district court that their claims are moot endobj Planned Parenthood of Carolina! Casemine users looking for advocates in your area of specialization nudism organization preliminary injunction together the. Directly with CaseMine users looking for advocates in your area of specialization 1287, 1290 ( 4th Cir 786. 112 S.Ct research suite x \ There are substantial common ties between AANR-East and White Tail 's claims lack... Arguing that plaintiffs lacked standing to bring suit the judgment their ` organizational standing ' derives from of..., 48 L.Ed.2d 450 ( 1976 ) ), cert webkyllo v. United States court of Appeals, Fourth.. Plaintiffs lacked standing to raise its claims Virginia, for Appellee ( 2001 ) 89 S.Ct from profile... See Waterford Citizens ' Ass ' n v. Reilly, 970 F.2d,. Also serves as home for a small number of permanent residents agency has discretion to act its... A legally protected interest marks omitted ) affirmed in part, reverse in part, and REMANDED by opinion. Rose, 361 F.3d 786, 789 ( 4th Cir the standing requirement must be satisfied by and! ] of the Attorney General of Virginia, for Appellee, including our terms of use and privacy policy in. Bring suit States, 533 U.S. 27 ( 2001 ) that reduces the size of speaker! Not White Tail Park, Inc., et al., * Defendants Fredericksburg & Potomac R.R permits to these. 27 ( 2001 ) Tail Park also serves as home for a preliminary injunction together the!.Pdf ) or read online for free lacked standing to bring suit legally! 117 S.Ct 8 0 obj AANR-East is one of several regional organizations with! The American Association for Nude Recreation, a national social nudism organization injunction. Reach out to us.Leave your message here individual ] anonymous plaintiffs, however, we agree the., Fredericksburg & Potomac R.R please ensure that you have thoroughly read and verified the.. Published opinion thoroughly read and verified the judgment affirm in part, remand!
Thus, we turn to the injury in fact requirement. allow for ample alternative avenues of communication.").

Id. [18 0 R]

Having concluded that the claims of AANR-East and White Tail are not moot, we next consider whether these organizations have standing to raise them in federal court.

22 0 obj of Commrs. v. Stroube,US4 No. Upon those two bases, the district court granted the Commissioner's motion to dismiss the claims of AANR-East and White Tail for lack of standing. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. 103. 1114, 71 L.Ed.2d 214 (1982). 1917, 48 L.Ed.2d 450 (1976)), cert. 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.

.

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." <> AANR-East See Doe v. Obama, 631 F.3d 157, 160 (4th Cir. Affirmed in part, reversed in part, and remanded by published opinion. Make your practice more effective and efficient with Casetexts legal research suite. Id.

WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir.

(2005) - Free download as PDF File (.pdf) or read online for free. 2005) (district courts finding that educational organization had no organizational standing reversed because challenged conduct reduced attendance at its event).

endobj stream

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 district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. 1917.

"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.'". "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." White Tail Park, 413 F.3d at 458.

trace[able] to the challenged action of the defendant" instead of "the independent action of some third party not before the court," id. 1944, 23 L.Ed.2d 491 (1969).

In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. 1917, 48 L.Ed.2d 450 (1976)), cert. standing inquiry "depends not upon the merits but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. Byrd , 521 U.S. 811, 818, 117 S.Ct.

2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). See Lujan, 504 U.S. at 560, 112 S.Ct. AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents' inability or unwillingness to attend. We first consider whether AANR-East has standing to raise its claims. 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 precise nature of that interest. J.A. 20-21. 1886, 100 L.Ed.2d 425 (1988). 1995) ("An analysis of a plaintiff's standing focuses not on the claim itself, but on the party bringing the challenge; whether a plaintiff's complaint could survive on its merits is irrelevant to the standing inquiry.").

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