Wednesday, May 20, 2009

The Latest on the Meadowcreek Parkway Lawsuit

In today's Daily Progress, Rachana Dixit reports (here) about yesterday's hearing before Judge Swett on the Coalition to Preserve McIntire Park's request for an injunction to halt construction of the parkway.

Craig Brown (for the City) and Lori Pound (for the Commonwealth) argued that the Coalition to does not have standing to bring the claim because there's no individualized damage/harm.

227. Brown and Pound's position tracks the argument that governments often make to oppose environmental lawsuits. I have never liked the philosophical basis for this argument -- if a member of the public lacks standing to challenge government action, then who does have standing? I understand that there needs to be some way to circumscribe challenges to governmental decision-making, but in a situation like this I'd prefer to see the court have to confront and address the supermajority issue (rather than simply be able to toss the suit on procedural grounds).

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