This two-part article examines the troublesome issue of whether standing (a) goes to subject matter jurisdiction; (b) is jurisdictional, or has a jurisdictional effect sufficient to be properly raised for the first time on appeal, including sua sponte; or (c) may be waived by inaction of a party, thereby nonjurisdictional.
Plainly, a successful timely challenge to standing neutralizes the would-be plaintiff. The inconsistent case law at all appellate levels has made this issue arduous and unpredictable. This article argues that the most recent pronouncements from the Court of Appeals advance the conclusion that standing is jurisdictional, albeit, plainly, not subject matter, may not be waived, and may be raised for the first time on appeal.
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