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Jeffrey K. Caswell v. City of Bloomington, 06-2472 (2007)

Court: Court of Appeals for the Eighth Circuit Number: 06-2472 Visitors: 61
Filed: Jan. 26, 2007
Latest Update: Mar. 02, 2020
Summary: 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, * * Appeal from the United States Appellants, * District Court for the * District of Minnesota. v. * * [UNPUBLISHED] City of Bloomington, * * Appellee. * _ Submitted: December 11, 2006 Filed: January 26, 2007 _ Before LOKEN, Chief Judge, MURPHY and SHEPHERD, Circuit Judges. _ PER CURIAM. Jeffery K. Caswell, Victoria
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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,                              *
                                       * Appeal from the United States
            Appellants,                * District Court for the
                                       * District of Minnesota.
      v.                               *
                                       * [UNPUBLISHED]
City of Bloomington,                   *
                                       *
            Appellee.                  *
                                  ___________

                            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 well-
reasoned 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.

                       ______________________________




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Source:  CourtListener

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