Document Type

Article

Publication Date

7-12-1995

Abstract

Plaintiffs-appellants are the Mt. Sinai Union Free School District ("Mt. Sinai"), the Sewanhaka Central School District ("Sewanhaka"), the boards of education of the school districts, officials of the school districts, and citizen taxpayers of one of the districts. They appeal from a judgment entered in the United States District Court for the Eastern District of New York (Platt, then-Chief Judge) dismissing their amended complaint, pursuant to Fed.R.Civ.P. 12(b)(1), on the ground that none of the plaintiffs had standing to pursue the claims alleged in the complaint. The district court concluded that: (1) the school districts and their boards of education, as political subdivisions of the state, lack standing to challenge state legislation, (2) the taxpayer plaintiffs were to be considered state taxpayers and, as such, could not demonstrate adequate injury to support Article III standing, nor did they have standing under state law, and (3) the school-board officials lack the requisite personal stake in the outcome of the controversy to support standing. For the reasons that follow, we affirm the judgment of the district court.

Comments

60 F.3d 106 (1995)

BOARD OF EDUCATION OF THE MT. SINAI UNION FREE SCHOOL DISTRICT; Mt. Sinai Union Free School District; Peter C. Paciolla, Superintendent of Mt. Sinai Union Free School District; Nicholas C. DiPiazza, as President of the Board of Education of the Mt. Sinai Union Free School District and individually; Gail Litsch; Maureen Poerio; Board of Education of the Sewanhaka Central High School District; Sewanhaka Central High School District; Dr. George Goldstein, Superintendent of Sewanhaka Central High School District; and James Parla, as President of the Board of Education, Plaintiffs-Appellants,

v.

NEW YORK STATE TEACHERS RETIREMENT SYSTEM; H.N. Langlitz, in his capacity as Executive Director, New York State Teachers Retirement System; Richard E. Tehhaken, President; Richard F. Lindstrom, Vice President; Michael R. Corn; R. Michael Kraus; Lucy P. Martin; Joseph P. McLaughlin; S.J. Salenger; H. Carl McCall; Ruth E. Williams; Iris Wolfson, in their capacity as members of the Board of Directors of the New York State Teachers Retirement System; Charles Golding; and William Conboy, Defendants-Appellees.

No. 1275, Docket 94-9006. United States Court of Appeals, Second Circuit.

Argued February 15, 1995.

Decided July 12, 1995.

New York Law School location: File #2131, Box #134

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