WHITE TAIL PARK, INC. v. STROUBE

No. 04-2002.

413 F.3d 451 (2005)

WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H.; D.H., on behalf of themselves and their minor children, I.P. and B.P.; S.B.; J.B., on behalf of themselves and their minor child, C.B.; T.S.; J.S., on behalf of themselves and their minor children, T.J.S. and M.S., Plaintiffs-Appellants, v. Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 5, 2005.


Attorney(s) appearing for the Case

Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 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.

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.


Affirmed in part, reversed in part, and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined.

OPINION

TRAXLER, Circuit Judge.

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.

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