| ▲ | waynecochran 2 hours ago | |||||||||||||
What is the legal precedent for this statement? I am not disagreeing, I just would like to know what the law is. | ||||||||||||||
| ▲ | everforward an hour ago | parent | next [-] | |||||||||||||
It would generally be the opposite, what law gives them standing to sue? My knowledge as a non-lawyer generally agrees with above, most states won’t allow you to sue for neighbors doing something legal that decreases your property value (CA is the exception I’m aware of, and even then it’s a “sometimes” kind of thing). I’m not even sure who they’d sue. Presuming the land is zoned for a datacenter, the datacenter is allowed to do datacenter things. You could sue the city to try to prevent the zoning, but sovereign immunity would preclude suing them for doing their job (zoning, in this case). | ||||||||||||||
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| ▲ | akramachamarei an hour ago | parent | prev | next [-] | |||||||||||||
According to https://en.wikipedia.org/wiki/Standing_(law) the requirements for standing were developed in the Constitution and elaborated in some later cases. To quote from the article, the apt criteria seem to me (2 of the 3): 1. Injury-in-fact: The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent (that is, neither conjectural nor hypothetical; not abstract).[44][45] The injury can be either economic, non-economic, or both. 2. Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.[46] --- The best way to understand why standing was not found is to read the court's ruling. Unfortunately (but not unusually) 404Media has not linked to the judgement. (I will try to find it.) My guess (IANAL) is the injury is hypothetical or conjectural. | ||||||||||||||
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| ▲ | mrhottakes an hour ago | parent | prev [-] | |||||||||||||
There isn't a single precedent; standing and jurisdiction are like 70% of civil procedure in law school. This page is a good jumping off point: https://www.law.cornell.edu/wex/standing | ||||||||||||||
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