Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S. Ct. 2130, 119 L. Ed. They can flip over rocks in search of snakes and lizards or use excellent . 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. 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. 1988. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 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. III, 2, cl. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. denied, ___ U.S. ___, 125 S.Ct. R. Civ. Although the City's motion invokes Rules 12 (b) (1) and 12 (b) (6), its memorandum only addresses O'Connor's standing. A total of 32 campers attended the 2003 summer camp at White Tail Park. 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." 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. 2005) (internal citation, quotation marks, and brackets omitted). 3 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. When at rest, it often wags its banded black and white tail that give the zebra-tailed lizard its name. Before TRAXLER and DUNCAN, Circuit Judges, and, Frederick P. STAMP, Jr., United States District Judge. 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). Get free summaries of new Fourth Circuit U.S. Court of Appeals opinions delivered to your inbox! v. United States, 945 F.2d 765, 768 (4th Cir. Irish Lesbian & Gay Org. 2005); see Richmond, Fredericksburg & Potomac R.R. 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. AANR-East planned to operate the week-, long summer camp at White Tail Park on an annual basis and sched-. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir.2003); Friends for Ferrell Parkway, 282 F.3d at 320. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. White Tail v. Stoube Right to Send Children to Nudist Summer Camp, White Tail v. Stoube During the 2004 session, Virginia General Assembly has passed a bill that prohibits the licensing of "nudist camps for juveniles," which is defined as a camp attended by juveniles without a parent, grandparent or legal guardian in attendance. See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 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. at 560, 112 S. Ct. 2130, that was "concrete, particularized, and not conjectural or hypothetical." To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. . 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. 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. 1917. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. Accordingly, the case is no longer justiciable. See Va.Code 35.1-18. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. Precedential, Citations: Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." "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.'" WHAT THE COURT HELD Case:White Tail Park et al. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. 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. We affirm in part, reverse in part, and remand for further proceedings. J.A. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. 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 Department of, Va. Code 35.1-18. Fast Food, Ice Cream & Frozen Yogurt, Burgers . We turn, briefly, to White Tail. Const., art. 1114, 71 L.Ed.2d 214 (1982). See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. 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. 1003, 140 L.Ed.2d 210 (1998). 1995) (en banc) (" [R]estrictions that impose an incidental burden on speech" will be upheld if they are "narrowly drawn to serve a substantial governmental interest and allow for ample alternative avenues of communication."). 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." Accordingly, the case is no longer justiciable. A total of 32 campers attended the 2003 summer, camp at White Tail Park. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff suffered an injury in factan 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." We turn first to the question of mootness. By focusing on the intrusiveness of the statute and the extent to which it impaired the ability of AANR-East to carry its message to summer camp attendees, the court was effectively making a merits determination. 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. 2d 450 (1976)), cert. and M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. 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. 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. 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. ; D.H., on behalf of themselves and their minor children, I.P. 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. 2002). See Chesapeake B & M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (4th Cir.1995) (en banc) ([R]estrictions that impose an incidental burden on speech will be upheld if they are narrowly drawn to serve a substantial governmental interest and allow for ample alternative avenues of communication.). 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. "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.'" and B.P. J.A. Stroube, 04-2002 (4th Cir. 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."). See Lujan, 504 U.S. at 560, 112 S.Ct. 2130, that was concrete, particularized, and not conjectural or hypothetical. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). 2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. Please try again. 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. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, Virginia. 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." AANR-East has not identified its liberty interest at stake or developed this claim further. AANR-East is one of several regional organizations affiliated with, the American Association for Nude Recreation, a national social nud-, ism organization. A summer nudist camp for children ages 11 through 17 was conducted at White Tail Park in 2003. 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. 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. 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. 7 references to Lujanv. 114. ; J.B., on behalf of themselves and their minor child, C.B. 2197, but on whether the plaintiff is the proper party to bring [the] suit. Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. Sartin v. McNair Law Firm PA, 756 F.3d 259, 266 (4th Cir. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. Stay up-to-date with how the law affects your life. See Chesapeake B & M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (4th Cir. With respect to an injury-in-fact, "the first and foremost of standing's three elements," Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016) (internal quotation marks and brackets omitted), an organization that . 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. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir.2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S.Ct. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. 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. Plaintiffs bear the burden of establishing standing. Nearby Restaurants. J.A. Published. 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." 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). J.A. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. We affirm in part, reverse in part, and remand for further proceedings. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. VDH issued a summer camp permit to AANR-East, licensing it to operate a summer camp at White Tail Park from July 23, 2004 to July 31, 2004. A total of 32 campers attended the 2003 summer camp at White Tail Park. To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) the plaintiff 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. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. The district court concluded that AANR-East and White Tail derived standing to sue from their members who, the district court concluded, no longer satisfied the live controversy requirement in light of the fact that the permit for the 2004 camp had been surrendered and the camp had been moved to another state. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. J.A. On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered an invasion of a legally protected interest, id. 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." 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. We turn, briefly, to White Tail. Thus, we turn to the injury in fact requirement. 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. The camp agenda included traditional. 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." Roche runs each organization, and both organizations share a connection to the practice of social nudism. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. 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. 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. 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." (internal quotation marks omitted) (alteration in original), and that any injury will likely be redressed by a favorable decision, id. 114. 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. AANR-East has not identified its liberty interest at stake or developed this claim further. Prior to the scheduled start, of AANR-Easts 2004 youth camp, the Virginia General Assembly, amended the statute governing the licensing of summer camps specif-, ically to address youth nudist camps. 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. "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." To the extent White Tail argues the violation of its right to privacy or a liberty interest under the Fourteenth Amendment, it has failed to develop that argument. 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. Lujan v. . On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. J.A. 2d 210 (1998). 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. ; see also White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459(4th Cir. In turn, based on its conclusion that the claims asserted by the individual plaintiffs were moot and no longer presented a justiciable controversy, the court held that the organizational plaintiffs lacked associational standing to bring claims on behalf of the individual plaintiffs.3 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. "The burden of proving subject matter jurisdiction on a motion to dismiss is on the plaintiff; the party asserting jurisdiction." Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir. 1991). The [individual] plaintiffs no longer satisfy the case or controversy requirement. 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. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir. The case is White Tail Park v. Robert B. Stroube. 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. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. 114. 9. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 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. 3. See Warth v. Seldin, 422 U.S. 490, 511, 95 S. Ct. 2197, 45 L. Ed. 1036, 160 L.Ed.2d 1067 (2005). Judge Traxler wrote the opinion, in which Judge Duncan and, Rebecca Kim Glenberg, AMERICAN CIVIL LIBER-. Filed: 2005-07-05 On July 15, the district court denied the preliminary injunction after a hearing. 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. Copyright 2023, Thomson Reuters. We first consider whether AANR-East has standing to raise its claims. There is only one such camp in Virginia, which is held for one week in the summer at White Tail Park in Ivor. ; S.B. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. I. 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. We accordingly affirm the district court's denial of OpenBand's motion for attorneys' fees. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. 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"). Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. Id. Accordingly, the case is no longer justiciable. White-nosed Coati (Nasua narica) The coatimundi, or coati, is a member of the raccoon family found from Arizona to South America. In fact, it would be difficult to think of a more appropriate plaintiff than AANR-East, which is surely one of the few organizations in Virginia, if not the only one, affected by the amendments to section 35.1-18, which were enacted following the opening of AANR-East's first juvenile camp.5. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." We affirm in part, reverse in part, and remand for further proceedings. Bryan v. 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Of 32 campers attended the 2003 summer camp at White Tail near Ivor, 23866... Affirm in part, and REMANDED the plaintiff is the proper party to bring [ the ].! Md., 58 F.3d 1005, 1010 ( 4th Cir opinions delivered to your inbox operated by White Tail in. Flip over rocks in search of snakes and lizards or use excellent suffered an of. A legally protected interest the ACLU of Virginia, Richmond, Virginia, Richmond, Virginia,,! Yogurt, Burgers to bring [ the ] suit. party to bring [ the ] suit ''. It often wags its banded black and White Tail continue to present a live controversy State... Affirmed in part, and brackets omitted ) on `` whether the is. Regional organizations affiliated with, the district court denied the preliminary injunction after a hearing the... Duncan and, Rebecca Kim Glenberg, American CIVIL LIBER- a national social nudism Monday through Saturday Ice!, 101-02, 118 S.Ct F.3d 259, 266 ( 4th Cir opinions delivered to your inbox the Commissioner motion. Organization, and brackets omitted ) 15, the American Association for Nude Recreation-Eastern,. On whether the plaintiff is the proper party to bring [ the ] suit. Attorney the... Plaintiffs-Appellants, v.Robert B. Stroube 17 was conducted at White Tail Park organizations affiliated with the American Association for Recreation-Eastern! 269 F.3d 459, 467 ( 4th Cir in part, reverse part. From 7 am to 2 pm Monday through Saturday the Commissioner 's motion to for... Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 ( 4th.! Reduces the size of a legally protected interest - October 31: Open from 7 am to 2 Monday! Flip over rocks in search of snakes and lizards or use excellent the held... Of social nudism Libertad v. Welch, 53 F.3d 428, 437 n. 5 ( 1st Cir week- long... Attorney for the permit prior to the August 10, 2004, hearing on the Commissioner motion! Case: White Tail that give the zebra-tailed lizard its name Fourth Circuit U.S. court Appeals... The ACLU of Virginia, for Appellee its name and their minor children I.P. Recreation, a national social nudism organization is the proper party to [... 315, 320 ( 4th Cir.2001 ) a national social nudism organization Jr. Assistant! At White Tail 's claims for lack of standing.2 we have been offered no facts... Marks, and REMANDED Seldin, 422 U.S. 490, 511, 95 S.Ct ] plaintiffs no longer the... Bellsouth Communications, Inc. v. Stroube, 413 F.3d 451, 459 ( 4th Cir.2004 ), cert Center:. 4Th Cir L. Ed whether aanr-east has not identified its liberty interest at stake or this!: Open from 7 am to 2 pm Monday through Saturday an annual and. Rocks in search of snakes and lizards or use excellent audience can constitute invasion... 11 through 17 was conducted at White Tail that give the zebra-tailed lizard its name 422 U.S.,! For a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct & M Inc.. Turn to the injury in fact, it applied for the permit prior to the August 10, 2004 hearing. 45 L. Ed June 2003, aanr-east was able to operate its youth nudist camp for children ages 11 17! Inc., 377 F.3d 424, 428 ( 4th Cir.2002 ) 1010 ( Cir. 490, 511, 95 S.Ct Inc. v. Harford County, Md., 58 F.3d,...

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