Jeffrey K. Caswell v. City of Bloomington, No. 06-2472 (8th Cir. 2007)
Annotate this CaseCourt Description: Civil case - Zoning. District court did not err in finding that the plaintiffs lacked standing to challenge a Bloomington, Minnesota ordinance regulating land use around a newly-constructed runway at the Minneapolis-St. Paul International Airport.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2472 ___________ Jeffery K. Caswell; Victoria Caswell; Russ Dreyer, on behalf of themselves and others similarly situated, Appellants, v. City of Bloomington, Appellee. * * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * * * ___________ Submitted: December 11, 2006 Filed: January 26, 2007 ___________ Before LOKEN, Chief Judge, MURPHY and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Jeffery K. Caswell, Victoria Caswell, and Russ Dreyer appeal the district court s1 adverse grant of summary judgment in their action challenging a City of Bloomington zoning ordinance regulating the land use around a newly constructed runway at the Minneapolis-St. Paul International Airport. Having carefully reviewed 1 The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota. the record, see Advantage Media, L.L.C. v. City of Eden Prairie, 456 F.3d 793, 798 (8th Cir. 2006) (de novo standard of review), we agree with the district court s wellreasoned opinion that, due to the lack of redressability, the appellants lack standing in this matter. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992) (to establish standing, plaintiff must demonstrate, inter alia, the likelihood that a favorable decision by the court will redress the alleged injury); Planned Parenthood of Mid-Mo. & E. Kan., Inc. v. Ehlmann, 137 F.3d 573, 577 (8th Cir. 1998) (to establish redressability, plaintiff must make more than merely speculative showing that court can grant relief to injury). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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