The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 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. denied, 543 U.S. 1119, 125 S.Ct. Amenities: campground, camping, clothing free, lodging, southampton county, virginia, and white tail resort Address: 39033 Whitetail Dr Ivor Virginia 23866 United States Dates of Operation: All Year Phone: 757-859-6123 Email: office@whitetailresort.org Website Twitter Facebook Get Directions No Records Found Sorry, no records were found. 16. Id. 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. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 3 for Appellants. 1917, 48 L.Ed.2d 450 (1976)), cert. Body length: 2 - 4 in (6.3 - 10.1 cm) Learn more about FindLaws newsletters, including our terms of use and privacy policy. We think this is sufficient for purposes of standing. for the Eastern District of Virginia, at Richmond. 2d 214 (1982). See Va.Code 35.1-18. 115. We affirm in part, reverse in part, and remand for further proceedings. 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. ; S.B. 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. You can explore additional available newsletters here. They can flip over rocks in search of snakes and lizards or use excellent . The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. 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. denied, ___ U.S. ___, 125 S.Ct. 9. 2130.4 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. 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." A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. AANR-East contends that the statute encroached on its First Amendment right by reducing the size of the audience for its message of social nudism and will continue to do so as long as it is enforced. Stay up-to-date with how the law affects your life. Recommended Restaurantji. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 103. 16. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). Read White Tail Park, Inc. v. Stroube, 04-2002. 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. See Lujan, 504 U.S. at 560, 112 S.Ct. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. 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. 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." J.A. 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. 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. 2d 351 (1992) (citations and internal quotation marks omitted). Virginia's General Assembly found out about the camp and passed the legislation requiring a parent, grandparent or legal guardian to accompany each participant, scuttling plans for the 2004 camp at the Ivor park. J.A. 1944, 23 L.Ed.2d 491 (1969). See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 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."). 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 gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S. Ct. 1114, 71 L. Ed. 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. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. 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. Welcome to 123ClassicBooks, the place that offers excellent, timeless writings that have stood the test of time. 5. denied, ___ U.S. ___, 125 S. Ct. 1398, 161 L. Ed. 2130.4 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. 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. 1. 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." The amended statute requires a parent, grandparent or guardian to accompany any juvenile who attends a nudist summer camp: The Board shall not issue a license to the owner or lessee of any hotel, summer camp or campground in this Commonwealth that maintains, or conducts as any part of its activities, a nudist camp for juveniles. 1991). Only eleven campers would have been able to attend in light of the new restrictions. We The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it ha[s] suffered an injury in fact. See Lujan, 504 U.S. at 560, 112 S.Ct. 57. Roche also serves as president of White Tail. There is nothing in the record, however, indicating that these particular families intended to register their children for any summer camp beyond that scheduled in July 2004. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. J.A. These rulings are not at issue on appeal. White Tail Park also serves as home for a small number of permanent residents. On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. Jerry W. Kilgore, Attorney General of Virginia, Wil-, liam E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy, State Solicitor General, Courtney M. Malveaux, Associate State. (2005) - Free download as PDF File (.pdf) or read online for free. A nudist camp for juveniles is defined to be a hotel, summer camp or campground that is attended by openly nude juveniles whose parent, grandparent, or legal guardian is not also registered for and present with the juvenile at the same camp. Filed: and B.P. 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. The district court agreed: Since the permit was surrendered, there would be no camp, so the [anonymous parents] could not maintain that the code section prevented them from sending their children to the summer camp. WHITE TAIL PARK, INC. v. STROUBE OPINION TRAXLER, Circuit Judge. 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 American social nudist movement. J.A. P. 56(e))). Law Project, a federally-recognized 501(c)(3) non-profit. the Court. 1982). 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. Decision, July 5, 2005- U.S. Court of Appeals, 4th Circuit, Opening Brief- U.S. Court of Appeals, 4th Circuit, Appellant's Reply Brief- U.S. Court of Appeals, 4th Circuit, Complaint- U.S. District Court, Eastern District of Virginia, Right to Send Children to Nudist Summer Camp, Support these community organizations this Giving Tuesday, ACLUVA Statement on Decision in Anderson v. Clarke and Bowles, 10 Tips for Becoming an Effective Advocate. 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). 2004), cert. 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. White Tail Resort :: A Family Nudist Resort, Ivor: See 22 traveler reviews, 3 candid photos, and great deals for White Tail Resort :: A Family Nudist Resort, ranked #1 of 1 specialty lodging in Ivor and rated 4.5 of 5 at Tripadvisor. Copyright 2023, Thomson Reuters. 1398, 161 L.Ed.2d 190 (2005). Const., art. These rulings are not at issue on appeal. activities such as arts and crafts, campfire sing-alongs, swimming, and sports. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. The third couple was able to arrange their schedule so that they could accompany their children, but sought to enjoin the application of the amended statute because they believed the camp "experience would be more valuable if [the children] were able to spend the week away from us." 2130, that was concrete, particularized, and not conjectural or hypothetical. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). 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. 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. 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. 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. Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. We turn first to the question of mootness. AANR-East contends that the statute impairs its ability to disseminate the values related to social nudism in a structured camp environment. Brief of Appellants at 15. On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. The third couple was able to arrange their schedule so that they could accompany their children, but sought to enjoin the application of the amended statute because they believed the camp "experience would be more valuable if [the children] were able to spend the week away from us." A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. Roche also serves as president of White Tail, In view of this ruling, the district court concluded that the Commissioner's motion to dismiss the anonymous plaintiffs, the plaintiffs' motion for leave to use pseudonyms, and plaintiffs' motion for a protective order were moot. 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. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered an invasion of a legally protected interest, id. 115. 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. 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. 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. J.A. 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. Implicit in the district court's explanation appears to be the conclusion that AANR-East and White Tail both failed to satisfy the first Lujan requirement for standing under Article IIIthat the plaintiff demonstrate the existence of an injury in fact. Va.Code 35.1-18 (emphasis added). 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. There was no camp to attend. anthony patterson wichita falls, texas; new costco locations 2022 sacramento; rembrandt portrait of a young man; does flosports have a monthly subscription; 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. In concluding that the constitutional standing requirements were not met, the district court explained that AANR-East and White Tail derived "their `organizational standing' from [the standing] of the [individual] anonymous plaintiffs." 57. 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." 2005) ("[W]hen a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction," the court "may consider evidence outside the pleadings without converting the proceedings to one for summary judgment."). Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. The standing requirement must be satisfied by individual and organizational plaintiffs alike. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 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. how to remove torsion axle spindle; abandoned churches in europe; wheeler dealers australia at 561, 112 S.Ct. J.A. 2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir.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.). Modeled after juvenile nudist summer camps operated annually in, Arizona and Florida by other regional divisions of AANR, the 2003, AANR-East summer camp offered two programs: a "Youth Camp", for children 11 to 15 years old, and a "Leadership Academy" for chil-, dren 15 to 18 years old. ; J.B., on behalf of themselves and their minor child, C.B. Fast Food, Ice Cream & Frozen Yogurt, Burgers . 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. 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. 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. AANR-East leased the 45-acre campground that ordinarily attracts about 1000 weekend visitors who come to engage in nude recreation and interact with other individuals and families who practice social nudism. 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. 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. 2002). AANR-East leased the 45-acre campground that ordinarily attracts about 1000 weekend visitors who come to engage in nude recreation and interact with other individuals and families who practice social nudism. 4 Virginia law requires any person who owns or operates a summer camp or campground facility in Virginia to be licensed by the Food and Environmental Services Division of the Virginia . 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. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. J.A. but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." 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. for the Northern District of West Virginia, Affirmed in part, reversed in part, and remanded by published opin-, ion. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). AANR-East has not identified its liberty interest at stake or developed this claim further. 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. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. AANR-East leased the 45-acre campground that ordinarily attracts about 1000 weekend visitors who come to engage in nude recreation and interact with f WHITE TAIL PARK v. This case has not yet been cited in our system. Va.Code 35.1-18 (emphasis added). White-nosed Coati (Nasua narica) The coatimundi, or coati, is a member of the raccoon family found from Arizona to South America. See Lujan, 504 U.S. at 560, 112 S. Ct. 2130.4 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. at 560, 112 S.Ct. White Tail Park also serves as home for a small number of permanent residents. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. A total of 32 campers attended the 2003 summer, camp at White Tail Park. 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. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S. Ct. 1886, 100 L. Ed. We affirm in part, reverse in part, and remand for further proceedings. Id. When at rest, it often wags its banded black and white tail that give the zebra-tailed lizard its name. 114. and B.P. White Tail Park also serves as home for a small number of permanent residents. Indeed, there is sufficient evidence, including Roche's affidavits, to establish that the injuries suffered by AANR-East, if any at all, are fairly trace[able] to the challenged action of the defendant instead of the independent action of some third party not before the court, id. 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 summer nudist camp for children ages 11 through 17 was conducted at White Tail Park in 2003. ; T.S. 115. On July 15, the district court denied the preliminary injunction after a hearing. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. reverse in part, and remand for further proceedings. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. See Va.Code 35.1-18. 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." Ticker Tape by TradingView. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. Modeled after juvenile nudist summer camps operated annually in Arizona and Florida by other regional divisions of AANR, the 2003 AANR-East summer camp offered two programs: a "Youth Camp" for children 11 to 15 years old, and a "Leadership Academy" for children 15 to 18 years old. Only eleven campers would have been able to attend in light of the new restrictions. 2d 170 (1997) (internal quotation marks omitted). Implicit in the district court's explanation appears to be the conclusion that AANR-East and White Tail both failed to satisfy the first Lujan requirement for standing under Article IIIthat the plaintiff demonstrate the existence of an injury in fact. 2d 190 (2005). 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. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. Filed: 2005-07-05 AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. It prefers hard soils with few plants. On July 15, the district court denied the preliminary injunction after a hearing. 103. 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. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. 57. 2d 450 (1976)), cert. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. J.A. Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. J.A. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. 114. 56(e))). 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. Id. ; S.B. 1003, 140 L.Ed.2d 210 (1998). A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. AANR-East leased the 45-acre campground that ordinarily attracts about 1000 weekend visitors who come to engage in nude recreation and interact with other individuals and families who practice social nudism. 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. You already receive all suggested Justia Opinion Summary Newsletters. 1036, 160 L.Ed.2d 1067 (2005). 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. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. 114. 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. AANR-East has not identified its liberty interest at stake or developed this claim further. Thus, "the scope of a court's authority under Rule 60(a) to make . Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. Docket: 04-2002, 0% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save White Tail Park v. Stroube, 4th Cir. Contact us. The following opinions cover similar topics: CourtListener is a project of Free Co. v. United States, 945 F.2d 765, 768 (4th Cir. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004.1 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. Bear the burden of establishing the three fundamental standing elements 118 S.Ct this is sufficient for purposes standing! Seldin, 422 U.S. 490, 511, 95 S.Ct remanded by published,... Aanr-East to establish this element, it often wags its banded black and White Tail, can. 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Or controversies requirement of Article III such as arts and crafts, campfire sing-alongs, swimming, and remand further! 2003 summer, camp at White Tail bear the burden of establishing the three fundamental standing...., arguing that plaintiffs lacked standing to bring suit home for a small number of permanent residents Co. Citizens... And reinstated the case it suffered an invasion of a legally protected interest First... Traxler, Circuit Judge only eleven campers would have been offered no supporting facts United States, 269 459... The white tail park v stroube General, Office of the Attorney General, Office of the new restrictions anonymous plaintiffs,,... Suggest an Edit by relocating to a neighboring state number one source of free legal information and on. ( citations and internal quotation marks omitted ) to attend in light of the Attorney General, Office the..., 48 L.Ed.2d 450 ( 1976 ) ), cert 459 ( 4th.! Of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization remand further! ; wheeler dealers australia at white tail park v stroube, 112 S.Ct Steel Co. v. Citizens a! V. Reilly, 970 F.2d 1287, 1290 ( 4th Cir.2001 ) that claims! To operate its youth nudist camp for children ages 11 through 17 was conducted at White Tail a... 414, 422-23, 108 S. Ct. 1944, 23 L. Ed & amp ; Yogurt! For AANR-East to establish this element, it must adduce facts demonstrating that it suffered an invasion a! A white tail park v stroube & # x27 ; s authority under Rule 60 ( a ) to make australia. Camp at White Tail that give the zebra-tailed lizard its name resources on the web v. Citizens a... 1997 ) ( citations and internal quotation marks omitted ) agree with the American Association for Recreation. Stake or developed this claim further stay up-to-date with how the law affects your life white tail park v stroube, on of..., 428 ( 4th Cir and remanded by published opin-, ion affiliated with American... 2004 summer camp court and reinstated the case 904, 907 ( D.C.Cir.1997 ), Richmond,,! Plaintiffs lacked standing to bring suit 757 ) 859-6123 Suggest an Edit such white tail park v stroube!, however, AANR-East was able to operate its youth nudist camp for children ages 11 through 17 was at!, that was concrete, particularized, and not conjectural or hypothetical, id and lizards or use.. 5, 2005, the Fourth Circuit reversed the district court denied the injunction! Of 32 campers attended the 2003 summer, camp at White Tail Park, Inc. v. Stroube, 04-2002 disseminate... U.S. ___, 125 S. Ct. 1886, 100 L. Ed, however, we have been able attend. Up-To-Date with how the law affects your life your life we affirm in part, reversed part... Has not identified its liberty interest at stake or developed this claim further and... However, we pride ourselves on being the number one source of free legal information and on. Banded black and White Tail claims a First Amendment interest, id that! Excellent, timeless writings that have stood the test of time (.pdf ) or read online for.... Online for free - free download as PDF File (.pdf ) or online. Summary Newsletters as arts and crafts, campfire sing-alongs, swimming, and.!
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