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09/30/68 the Citizens Association v. Joy R. Simonson Et Al.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


September 30, 1968

THE CITIZENS ASSOCIATION OF GEORGETOWN, APPELLANT

v.

JOY R. SIMONSON ET AL., APPELLEES 1968.CDC.197 DATE DECIDED: SEPTEMBER 30, 1968

Bazelon, Chief Judge, and Danaher and Tamm, Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

APPELLATE PANEL:

PER CURIAM DECISION

The appellant, a non-profit corporation composed of dues-paying members who reside and own property in the Georgetown section of Washington, seeks judicial review of its claim that the members of the Alcoholic Beverage Control Board violated its governing statute in reissuing a retail liquor license to 3259 M Street, Inc., for the operation of an establishment at that address known as The Crazy Horse. *fn1 The District Court found that the appellant lacks standing for such a suit.

The question of standing depends primarily upon the existence of a logical and adequately direct nexus between the plaintiff's interests and the adverse action of the opposing party or parties. See Flast v. Cohen, 392 U.S. 83, 98-102, 88 S. Ct. 1942, 20 L. Ed. 2d 947 (1968). Congress has, by directing the Board to consider "the wishes of the persons residing or owning property in the neighborhood" in issuing licenses, recognized that the operation of an establishment such as The Crazy Horse may trouble its neighbors. 25 D.C.Code ยง 115(a) (5) (1967). The appellant's complaint alleged that many of its members reside or own property within the neighborhood of The Crazy Horse. If so established, the required nexus would therefore be present for a suit by the neighbors. Cf. Wolpe v. Poretsky, 79 U.S.App.D.C. 141, 144 F.2d 505, cert. denied, 323 U.S. 777, 65 S. Ct. 190, 89 L. Ed. 621 (1944). Since the association is an authorized spokesman organized to promote these interests for its individual members, it too has standing to sue in order to protect their interests. *fn2

Reversed and remanded.

CASE RESOLUTION

Reversed and Remanded


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