Washington Examiner — October 6, 2014
OKLAHOMA CITY (Legal Newsline) – Apex has filed a motion to dismiss a class action lawsuit against it over its $452 million wind farm, which the plaintiffs claim is a nuisance that devalues their homes.
Apex claims the Oklahoma Wind Action Association does not appear to be an appropriate membership organization, according to the Sept. 23 motion to dismiss.
“Implicit in the first element is the requirement that the association be a membership organization that has members who participate in and guide the organization’s activities,” the motion states. “Association standing is most appropriate when the organization at issue is a ‘traditional voluntary membership organizations’ — such as a trade association.”
Although non-profit corporations and other entities may properly invoke association standing, such entities may do so only if they operate as “the functional equivalent of a traditional membership organization,” the motion says.
“In determining whether an entity is the functional equivalent of a traditional membership organization, the court should look at whether the purported members actively participate in, control, and fund the organization’s activities,” the motion states. “If the purported members do not play a role in selecting the organization’s leadership, guiding its activities, and financing those activities, association standing is not appropriate.” Continue reading here….