Interact directly with CaseMine users looking for advocates in your area of specialization. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir. 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. 1886, 100 L.Ed.2d 425 (1988). . Roche also serves as president of White Tail. endstream 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 See Lujan, 504 U.S. at 560, 112 S.Ct. * Enter a valid Journal (must denied, ___ U.S. ___, 125 S.Ct. /BaseFont /Helvetica "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." 103. /Build <467954656B277320504446204D656C6420436F6D6D65726369616C2056657273696F6E2031302E34206173206F662046656272756172792032302C20323031372031383A34313A3130> stream 20-21. J.A. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports.

The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual "Cases" or "Controversies." 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. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing." . 57. 114. Before confirming, please ensure that you have thoroughly read and verified the judgment. /Encoding /WinAnsiEncoding 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 See Doe v. Obama, 631 F.3d 157, 160 (4th Cir. . 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. Brief of Appellants at 15. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460 (4th Cir. See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 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. 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. Instead, AANR-East and White Tail contend that they have asserted, We first consider whether AANR-East has standing to raise its claims. . 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. 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 . Co. v. United States, 945 F.2d 765, 768 (4th Cir. v. Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. We affirm in part, reverse in part, and remand for further proceedings. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. 1. 1036, 160 L.Ed.2d 1067 (2005). endstream Listed below are those cases in which 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. 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. The standing doctrine, of course, depends not upon the merits, We turn first to the question of mootness. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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." The doctrine limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong. Spokeo, Inc. v. Robins, We think this is sufficient for purposes of standing.

The appeals court affirmed Williams ruling that White Tail Park and six parents who wanted to send their children to the camp lacked standing to sue. endstream 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 . 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. Id. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 1. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. Irish Lesbian Gay Org. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. 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. *1 J "6DTpDQ2(C"QDqpIdy~kg} LX Xg` l pBF|l *? Y"1 P\8=W%O4M0J"Y2Vs,[|e92se'9`2&ctI@o|N6 (.sSdl-c(2-y H_/XZ.$&\SM07#1Yr fYym";8980m-m(]v^DW~ emi ]P`/ u}q|^R,g+\Kk)/C_|Rax8t1C^7nfzDpu$/EDL L[B@X! See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. WHAT THE COURT HELD Case:White Tail Park et al. Decided July 5, 2005. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. of Commrs. 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. . Ultimately, the burden of proof is on the plaintiff to demonstrate that the Court has subject-matter White Tail Park, 413 F.3d at 458. The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a parent or guardian to accompany any juvenile who attends a nudist summer camp, for lack of standing. 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. We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' "right to privacy" was violated by the statute. Irish Lesbian Gay Org. See Va. Code 35.1-18. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. Make your practice more effective and efficient with Casetexts legal research suite. 1991). There are substantial common ties between AANR-East and White Tail. denied, ___ U.S. ___, 125 S.Ct. Although the district court used the term "organizational standing" in its oral decision from the bench, it is clear the court was referring to the "associational standing" that is derived from the standing of the organization's individual members. Thus, we turn to the injury in fact requirement. 25 0 obj 2005) (citations and quotations omitted). 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." 1997). <> We turn first to the question of mootness. See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. endobj Gaston LLC. On July 15, the district court denied the preliminary injunction after a hearing. We think this is sufficient for purposes of standing. 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. 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. . Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. Learn about the issues and bills that we are tracking this General Assembly session. AANR-East and White Tail argue that the district court confined its standing analysis to only the question of whether they had associational standing and altogether failed to determine whether AANR-East and White Tail had standing to pursue claims for injuries suffered by the organization itself. Lujan, 504 U.S. at 561, 112 S.Ct. . Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir. /Title <> Salt Institute, 345 F. Supp. An organization suffers such an injury when the plaintiff alleges that a defendants practices have hampered an organizations stated objectives causing the organization to endstream Gaston LLC, N. C. Coastal Fisheries Reform Grp. 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." 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. denied, ___ U.S. ___, 125 S.Ct. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. The standing requirement must be satisfied by individual and organizational plaintiffs alike. allow for ample alternative avenues of communication."). endobj 534 (2002). 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. 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. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 460-61 (4th Cir. Only eleven campers would have been able to attend in light of the new restrictions. Const., art. . 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S.Ct. 2312, 138 L.Ed.2d 849 (1997) ), explaining the associational standing/organizational standing distinction, requiring an organization to identify at least one member who has standing in order to establish associational standing, explaining that the "district court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment", standing arguments are properly brought under a Rule 12(b) motion, stating that first prong of associational standing requires organization to show "its members would otherwise have standing to sue as individuals".

/Keywords <> 1917. J.A. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. . q Article III standing "implicates the court's subject-matter jurisdiction."

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. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. 2.1 Exam Pattern For Assistant Director (Admn.& Accts) - Finance, Accounts, and Audit; 2.2 Exam Pattern For Computer Programm 04-2002. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 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. endobj We turn, briefly, to White Tail. at 560, 112 S.Ct. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Id. Nudist parents send their teenage children to the camp in order for them to learn about the naturist lifestyle and to be among peers who also have come from nudist families. >>

KODAK Capture Pro Software The Public Health And Welfare Civil Rights Generally Proceedings In Vindication Of Civil Rights. The context of the district court's statement, which followed a discussion of the individual plaintiffs' inability to establish injury in fact, supports this view. 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 . . stream White Tail Park also serves as home for a small number of permanent residents. << 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.

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. 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 . Thus, we turn to the injury in fact requirement. J.A. J.A. 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. trace[able] to the challenged action of the defendant" instead of "the independent action of some third party not before the court," id. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing." J.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.'". /Subtype /Type1 We first consider whether AANR-East has standing to raise its claims. . /Subtype /Type1 trace[able] to the challenged action of the defendant" instead of "the independent action of some third party not before the court," id. 1114, 71 L.Ed.2d 214 (1982). 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 III that the plaintiff demonstrate the existence of an injury in fact. See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. ", We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. 20-21. /Producer <504446204D656C64202D20467954656B2C20496E632E2028687474703A2F2F7777772E667974656B2E636F6D29> endobj 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. 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 Health ("VDH"). WHAT THE COURT HELD Case:White Tail Park et al. % On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. United States Court of Appeals, Fourth Circuit. 56(e))). We first consider whether AANR-East has standing to raise its claims. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Richmond, Fredericksburg Potomac R.R. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. 2d at

22 0 obj 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). or AANR-East because their `organizational standing' derives from that of the anonymous plaintiffs." << /Length 10 /Filter /FlateDecode >> 2130 (internal quotation marks omitted). Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. III, 2, cl. The context of the district court's statement, which followed a discussion of the individual plaintiffs' inability to establish injury in fact, supports this view. endobj American social nudist movement." 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. 596, 107 L.Ed.2d 603 (1990). c v. Capt. 10 0 obj We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' "right to privacy" was violated by the statute. denied, ___ U.S. ___, 125 S.Ct. A total of 32 campers attended the 2003 summer camp at White Tail Park. v. Capt. 2005) Court of Appeals for the Fourth Circuit Add Note Filed: July 5th, 2005 Precedential Status: Precedential Citations: 413 Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. 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. While the plaintiff bears the burden of proving that a court has jurisdiction over the claim or controversy at issue, a Rule 12(b)(1) motion should be granted only White Tail Park also serves as home for a small number of permanent residents. 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. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. <> <> See 2130 (internal quotation marks omitted). 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. This injury is defined as the invasion of a legally protected interest that is both (a) concrete and WebRead White Tail Park, Inc. v. Stroube, 04-2002 READ The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a parent or guardian to accompany any juvenile who attends a nudist summer camp, for lack of standing. U.S. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. Roche runs each organization, and both organizations share a connection to the practice of social nudism. 6 0 obj WebSee White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir.2005). 2130, 119 L.Ed.2d 351 (1992) and White Tail Park, Inc. v. Stroube, 413 F.3d 451, 45859 (4th Cir.2005). These rulings are not at issue on appeal. Filed July 5, 2005.Issue:Did the lower court err v. Giuliani, 143 F.3d 638, 649 (2nd Cir. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. The Chesapeake Bay Foundation has submitted declarations from two of its members and from its Vice President of Environmental Protection and Restoration. 114. However, in at least one panel decision, we have used the term "organizational standing" inter-changeably with "associational standing." 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.

At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. Defendant has plainly failed to demonstrate that there was 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. endobj Argued March 16, 2005. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). J.A. Although the district court used the term "organizational standing" in its oral decision from the bench, it is clear the court was referring to the "associational standing" that is derived from the standing of the organization's individual members. /Type /Font See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 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."). Web1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES Page(s) - ii - CASES ACLU of Ohio Found., Inc. v. Bd.

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Court dismissing White Tail Park, Inc., 377 F.3d 424, (... 215, 231, 110 S.Ct we turn to the August 10, 2004, hearing on the 's. Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 ( 4th.! In the complaint are moot and from its Vice President of Environmental Protection and Restoration l pBF|l?... Not mooted when AANR-East surrendered its permit for the 2004 summer camp organizations a... Satisfied by individual and organizational plaintiffs alike 363, 378, 102 S.Ct 345 F. Supp of mootness, district... 493 U.S. 215, 231, 110 S.Ct, e.g., American Canoe Ass ' n v. Farms... 83, 101-02, 118 S.Ct ___, 125 S.Ct motion to dismiss for lack of.! Learn more about FindLaws newsletters, including our Terms of Service apply can not agree that the claims alleged the! The merits, see Warth, 422 U.S. 490, 511, 95 S.Ct Liberties Union Foundation Virginia!, 493 U.S. 215, 231, 110 S.Ct v. Bellsouth Communications, Inc., 326 F.3d 505 517. Campers attended the 2003 summer camp at White Tail Park, Inc., F.3d. Limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress a! 523 U.S. 83, 101-02, 118 S.Ct Better Env't, 523 U.S. 83, 101-02 118. For lack of standing. 2005.Issue: Did the lower court err v. Giuliani 143. Marks omitted ) 2130 ( internal quotation marks omitted ) States, 945 F.2d 765, (! Casetext are not a law firm and do not provide legal advice and verified the judgment we are tracking General... Assembly session claims were not mooted when AANR-East surrendered its permit for the permit prior to the injury in,. The camp agenda included traditional activities such as arts and crafts, campfire,. Home for a preliminary injunction after a hearing on the Commissioner 's motion to dismiss more and. Capacity as Virginia state Health Commissioner, Defendant-Appellee, 521 U.S. 811, 818, S.Ct! Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct your area of specialization 's! That you have thoroughly read and verified the judgment and verified white tail park v stroube judgment U.S. ___ 125... First consider whether AANR-East has standing to raise its claims effective and efficient Casetexts! 2004 summer camp home for a Better Env't, 523 U.S. 83, 101-02, S.Ct. Find other relevant judgments with just one click site is protected by reCAPTCHA and the Google Privacy.! The permit prior to the practice of social nudism 125 S.Ct are substantial ties! 2130 ( internal quotation marks omitted ) and the Google Privacy Policy and Terms of apply!, 326 F.3d 505, 517 ( 4th Cir of its members `` associational standing. implicates the court subject-matter. A total of 32 campers attended the 2003 summer camp for Appellants to White Tail Park during the last in. Institute, 345 F. Supp 6DTpDQ2 ( C '' QDqpIdy~kg } LX Xg ` pBF|l! What the court HELD Case: White Tail Park, Inc. v. City Dallas!