the key issue is C doing things that it's taxpayers dont want done.
in this case though taxpayer money is not being spent, the property is being sold which means money is being generated for the taxpayers, and the new property owner is
ultimately A never had the authority to contract the land as a park indefinitely and relied on C to have respect for the deal and intent. Maybe a timeframe needed to be stipulated, but even then we are talking about land ownership - once C owns it they own it. If you wanted to buy a house and the seller said something about you never being allowed to develop a section of the backyard because they buried their goldfish there or something, and you respect that wish but now need to move as well, are you stuck with passing that obligation forward? someone can just arbitrarily decide that land cannot be used?
No thats why there is no standing, they have every right to use the land to better the taxpayers. the problem is not the method or authority, the problem is that people dont want to give up a park for a data center and dont see the data center as something that benefits the taxpayers. that issue is not one that should be settled by the deed.
the property devaluation is a problem that should be addressed independently on its own merits and not through the means of challenging if they have the authority or not.
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).
The question is about doing something illegal, such as removing a covenant that was involved in a sale when reselling? If it is something that could have been objected to by the original seller (they would have had standing to sue) and they have not agreed to change the covenant (because they are dead), it seems as if anyone affected should be able to sue.
The breaking of the covenant is what is being sued over.
> Presuming the land is zoned for a datacenter, the datacenter is allowed to do datacenter things.
If my house is zoned for a possible datacenter, that doesn't mean that anyone can build a datacenter there - it is still my house. If there is a covenant that says that the land will be a park, that's the "zoning" by the seller being stricter than local zoning, which means that it also conforms to local zoning.
The zoning doesn't say "The land must be a datacenter."
edit: It would be bizarre if we can sue over terms of service as if they constitute law, but we couldn't sue over terms of sale. I can sue Facebook if they allow another user to violate their terms of service.
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.
https://search.txcourts.gov/Case.aspx?cn=15-25-00202-CV&coa=...
Pamela Griffin, Ralph Griffin, Michelle Griffin, Corey Griffin, Individually and as Trustee of The Griffin Revocable Living Trust, and Polly Randle
v.
NCP Travis TPP Project, LLC
But the records only go up to February 20th.
(b) does not have standing.
You would then have violated your contract with the HOA.
I also expect that the city violated their contract with A('s heirs). B still has no standing.
Why wouldn’t they have standing on an action by their government?
(This is a genuine question, not a rhetorical one).
You only have standing if the government is actually directly harming you.
Deed restrictions are the mechanism that basically all HOAs are built upon so if you can just skirt around them because $reasons there are millions of people who would like to know.
Easy - be a municipality. There's a reason the phrase "can't fight city hall" exists, and is for the most part universally true.
The same way the city can eminent domain your home and put a road through it. The HOA can't stop the city from putting in a new road.
But we're all guessing at Lawyer Facts(tm).
The modern U.S. doctrine of standing traces back to mid-20th-century Supreme Court cases that crystallized the “injury in fact,” causation, and redressability triad, but its roots lie in early 20th-century rulings such as Fairchild v. Hughes (1920) that first linked federal judicial power to a plaintiff’s concrete injury.