Sixth Circuit -- State of Ohio ex rel. Susan Boggs v. City of Cleveland

An earlier dismissal does not bar a suit against airport where there was an intervening expansion of runways.

A claim dismissed for lack of standing has no claim preclusive effect, but here, a subsequent appeals ruling referencing the action (which was continued by a co-plaintiff) dismissed the case with prejudice.  Court holds that the second dismissal was purely procedural, and did not establish preclusion. 

Expansion of runways brings a new set of harms, which were merely speculative in the first action - no preclusion. 

State of Ohio ex rel. Susan Boggs v. City of Cleveland