"... violated ... rights to life, liberty, and property ... failed to protect essential public trust ..."  OK, fair enough - the famous "penumbras" of Constitutional law here, and our "evolving standards".  

I'm given to understand, for example, that the 14th Amendment nowhere mentions a school bus --- but it is the principle reason that generations of urban children have been shuttled out of their own neighborhoods every morning to classrooms clear across town.  :-/

Still, it seems like something of a slippery slope.  Could a right-wing organization use the same reasoning to say, sue certain public entities for the AIDS epidemic, on the grounds that by protecting needle-using drug addicts and sexually-active gay men, they were compromising everyone else's life, liberty, and pursuit of happiness??