55 So. 3d 1
La. Ct. App.2011Background
- Appellants filed a petition for declaratory judgment and for preliminary and permanent injunction against Respondents alleging violations of New Orleans zoning ordinances.
- Trial court sustained Respondents' Exception of No Right of Action, concluding Appellants lacked standing to sue.
- Court adopts Hunt v. Washington State Apple Advertising Commission three-part standing test to determine if an association can sue on behalf of its members.
- Appellants argued the alleged zoning violations would harm the Vieux Carré neighborhood and thereby the members; they sought injunctive and declaratory relief.
- Fourth Circuit on rehearing affirmed, holding Appellants lacked concrete injury to members and thus lacked standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Hunt standing test is satisfied. | VCPRA argues members suffer present or probable future harm. | Hotel Royal contends no concrete injury to members; harm to neighborhood is too generalized. | No standing; prong one not met. |
| Whether the alleged injuries are concrete injuries to members. | Harm to character and traffic would affect members' interests. | Injury is incorporeal, subjective, and not proven as to members. | No concrete harm to members shown. |
| Whether the association can recover without member participation. | Injunctive/declaratory relief may not require individual member participation. | Participation not required only if harm to members exists; here it does not. | Third prong met in theory but insufficient because prong one failed. |
Key Cases Cited
- Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333 (1977) (three-part standing test for associations)
- Louisiana Hotel-Motel Association v. Parish of East Baton Rouge, 385 So.2d 1193 (La.1980) (association must show concrete harm to members; standing depends on injury)
- Louisiana Associated General Contractors, Inc. v. State of Louisiana, 669 So.2d 1185 (La.1996) (requires actual economic injury to members for standing)
- Ramsey River Road Property Owners Association v. Reeves, 396 So.2d 873 (La.1980) (establishes that associations must have real and actual interest)
- Redfearn v. Creppel, 436 So.2d 1210 (La.1983) (injury to neighbors can support standing when concrete)
- Guillot v. Brooks, 651 So.2d 345 (La.App.2 Cir.1995) (individual damages can establish standing in zoning disputes)
- Decatur Hotel Corporation v. City of New Orleans, 746 So.2d 806 (La.App.4 Cir.1999) (association standing discussed; three-part Hunt test later applied)
- League of Women Voters of New Orleans v. City of New Orleans, 381 So.2d 441 (La.1980) (standing requires direct interest and injury in fact)
- Richardson v. Reeves, 600 So.2d 138 (La.App.2 Cir.1992) (injury in fact requirement for association standing)