Legal Opinion

Board of Education v. County of St. Clair

District Court, S.D. Illinois

Decided October 25, 2012No. 3:12-cv-00313-DRH-DGWPublished

1Opinion of the Court

MEMORANDUM AND ORDER

HERNDON, Chief Judge.

I. Introduction and Background

Now before the Court is defendants’ motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) (Doc. 19) and their memorandum in support of that motion (Doc. 20), arguing that plaintiff does not have standing to bring its complaint. Plaintiff opposes the motion by contending that it does have Article III standing under the Constitution and that prudential standing limitations do not bar its complaint. For the following reasons, the Court grants defendants’ motion to dismiss.

Plaintiff school district operates a…

2Cases cited17 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Allen v. WrightSupreme Court of the United States · 1984
  3. Powers v. OhioSupreme Court of the United States · 1991
  4. United States v. HaysSupreme Court of the United States · 1995
  5. Michael Massey and John Otten, M.D. v. David HelmanCourt of Appeals for the Seventh Circuit · 2000

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