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California ex rel. Van de Kamp v. Tahoe Regional Planning Agency

ELR Citation: 16 ELR 20908
Nos. No. 84-2633, 792 F.2d 779/(9th Cir., 06/20/1986)

The court upholds the district court's decision to deny landowners and elected officials of the Tahoe Basin area intervention in a suit by California to challenge the adequacy of a plan by the Tahoe Regional Planning Agency to achieve certain environmental goals under the California-Nevada Tahoe Regional Planning Compact. The court first holds that landowners may not intervene as a matter of right under Federal Rule of Civil Procedure (FRCP) 24(a)(2). The landowners could allege only incidental, rather than the required direct effects on their property as a result of the plan, and could not allege a particular use of their land which would be impeded by the plan. The court also holds that the landowners' status as public officials does not create any greater interest in intervention, since they did not show that the outcome of the litigation would directly affect their duties under state law. The court then holds that the applicants are not entitled to permissive intervention under FRCP 24(b)(2) because no common question of law or fact was presented.

[A related case appears at 16 ELR 20909.]

Counsel for Plaintiffs-Appellees
John K. Van de Kamp, Attorney General; N. Gregory Taylor, Ass't Attorney General
Department of Justice, 1515 K St., Suite 511, Sacramento CA 95814
(916) 324-5437

Counsel for Defendant-Appellee
Louis R. Doescher
Shaw, Heaton, Doescher & Owen, Ltd.
304 S. Minnesota St., P.O. Box 605, Carson City NV 89701
(702) 882-2164

Counsel for Intervention Applicants/Appellants
George W. Abbott
P.O. Box 98, Minden NV 89423
(702) 782-2302

Before SCHROEDER, CANBY, and BOOCHEVER, Circuit Judges.