Ross v. Special Administrative Board of the Transitional School District of the City of St. Louis, No. 16-3437 (8th Cir. 2018)Annotate this Case
Charter school parents sought to intervene in the St. Louis public school desegregation litigation to enforce a 1999 Desegregation Settlement Agreement. The Eighth Circuit reversed the district court's denial of the charter parents' motion to intervene, holding that the charter parents had standing. In this case, their pleading alleged that the charter schools will suffer a loss of funding and a decline in funding if plaintiffs prevailed and tens of millions of dollars could be transferred from the charter schools. Therefore, such an injury was neither conjectural nor hypothetical, and was sufficiently imminent to constitute an injury in fact. The court also held that the charter parents have established the elements of traceability and redressability. The court remanded for the district court to determine in the first instance whether the charter parents meet the requirements under Federal Rule of Civil Procedure 24 for intervention as of right or for permissive intervention.