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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a civil action for quieting of title and reconveyance of a parcel of land, a private electric utility, UtilCo, moves to intervene under Rule 19 on the ground that the parcel is crossed by an electric transmission line for which UtilCo has a confirmed easement. The trial court denies the motion, ruling that UtilCo’s interest is not direct. (a) State the controlling doctrine on intervention under Rule 19 and the requisites for intervention as a matter of right. (b) Distinguish intervention as of right from permissive intervention and the standards for each. (c) Apply to the facts: should UtilCo be allowed to intervene as a matter of right? If not, could intervention by permission be granted? What are the consequences for the intervenor and for the case if intervention is granted or denied?

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Intervene as of right only if there is evidence that existing parties do not adequately represent the intervenor’s interest; since UtilCo’s interest is pendent on the easement, there is adequately representation by the landowners, so intervention is not allowed as of right. Intervene only if the court finds a common question of law or fact; otherwise, intervention is improper; here the action concerns title, not the operation of the line, so intervention is not appropriate. Allow UtilCo to intervene as of right because it has a direct, present, and substantial interest in the land and its transmission line, which would be impeded by partition, and its interest would not be adequately protected by the plaintiffs. Deny intervention as of right and require permissive intervention only, since its interest is not direct and the action is primarily about title; the court should exercise discretion to decide whether to permit participation.

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