New Development in San Diego Case

[Hunt]

The Ninth Circuit Court of Appeals has sent the San Diego case to the California Supreme Court to request answers on how California's constitution would affect the case. See http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FFD0CB543718A429882572480051DDAF/$file/0455732o.pdf?openelement

 

Two of the three judges felt that the plaintiffs had standing to sue; a dissent argued strongly to the contrary. I predict that ultimately the case will go to the Supreme Court, which will throw it out on standing grounds, and the plaintiffs (or some other plaintiffs) will have to start over. In the meantime, it appears that the Boy Scouts get to stay in Balboa Park and Fiesta Island.

[Trevorum]

Thanks, Hunt.

I found the dissent by Kleinfeld to be persuasive.

[evmori]

This is a good thing.

 

This was also posted on the BSA Legal site.

 

http://www.bsalegal.org/

 

Ed Mori

Troop 1

1 Peter 4:10

[Hunt]

I don't know if it's good or not, because I don't know much about the California Supreme Court. If that court rules that the leases violate the California Constitution, then BSA will lose the leases--if not in this case, in another one brought in state court. On the (somewhat) bright side, that would have no binding precedential effect in cases in other states.