Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Smart Summary

Supreme Court of Wyoming — Summary of Opinion (Kite, J.)

Factual and Procedural Background

The dispute concerns nonexclusive fishing and recreational rights in riparian lands originally conveyed by developer Rivermeadows Associates, Ltd. (RMA) in connection with sales of lots in three neighboring subdivisions: Crescent H, McNeely Mountain, and Fish Creek Meadows. RMA owned the Crescent H Ranch and, as lots were sold, granted fishing and recreational rights in riparian lands it retained.

RMA filed for bankruptcy on January 17, 1995, which called into question the validity of some of the unrecorded or post-petition grants of rights. Adversary proceedings were filed by owners from these subdivisions; the Crescent H owners settled with the bankruptcy trustee and received replacement rights issued by Countryside I, L.L.C., the purchaser of RMA's property. Other owners (McNeely Mountain and Fish Creek Meadows) opposed that settlement and subsequently brought district court actions against Countryside asserting rights to access the riparian lands.

The Crescent H owners sought to intervene in those district court actions (two appeals, Nos. 01-129 and 01-135). The district court denied their motions to intervene both as of right (under W.R.C.P. 24(a)(2)) and permissively (under W.R.C.P. 24(b)(2)). The Crescent H owners appealed; the Supreme Court of Wyoming affirmed the district court's denials.

Legal Issues Presented

  1. Whether the Crescent H homeowners were entitled to intervene as of right under W.R.C.P. 24(a)(2).
  2. Whether the Crescent H homeowners should have been permitted to intervene permissively under W.R.C.P. 24(b)(2).
  3. Whether the appellants had presented a sufficient record on appeal (raised by appellees in Case No. 01-129).
  4. Whether the appellants met their burden to show the district court abused its discretion by denying the motion to intervene (raised by appellees in Case No. 01-135).

Arguments of the Parties

Appellants (Crescent H homeowners / Proposed Intervenors)

  • Asserted they have nonexclusive easements in the Crescent H riparian lands and that disposition of the actions concerning McNeely Mountain and Fish Creek Meadows owners' claimed rights could affect their interests.
  • Contended they were entitled to intervene as of right and, alternatively, should be allowed permissive intervention.
  • Argued the underlying cases were moving slowly and that adding them as intervenors would not unduly delay the proceedings.
  • During bankruptcy proceedings their counsel indicated they did not wish to be parties to the other adversary proceedings (they had pursued and settled their own adversary action instead).

Appellees (McNeely Mountain and Fish Creek Meadows owners; Countryside)

  • Maintained the district court properly denied intervention as of right and permissive intervention.
  • Questioned whether the appellants had carried the burden necessary to show the district court abused its discretion in denying intervention.
  • In Case No. 01-129 appellees also raised whether appellants had presented a sufficient record on appeal.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
State Farm Mutual Automobile Insurance Company v. Colley, 871 P.2d 191 (Wyo. 1994) Sets four conditions for intervention as of right under W.R.C.P. 24(a)(2) and defines review standards (first three conditions reviewed de novo; timeliness reviewed for abuse of discretion). Used as the primary framework to evaluate the Crescent H owners' motion to intervene (interest, impairment, adequacy of representation, timeliness) and to state the applicable standard of review.
Deisch v. Jay, 790 P.2d 1273 (Wyo. 1990) States appellate courts must affirm if a district court's judgment is sustainable on any legal ground appearing in the record. Supported the court's approach of affirming the district court's denial of intervention where sufficient grounds exist in the record even though the district court's written order did not specify its reasoning.
Platte County School District No. 1 v. Basin Electric Power Cooperative, 638 P.2d 1276 (Wyo. 1982) Establishes that a motion to intervene may be denied solely on timeliness grounds. Invoked to justify denying intervention based on the delay in filing the motions to intervene.
Curless v. Curless, 708 P.2d 426 (Wyo. 1985) Affirms that timeliness of intervention is entrusted to the district court's discretion. Supported the conclusion that the district court's timeliness determination must be upheld absent an abuse of discretion.
United States v. City of New York, 198 F.3d 360 (2d Cir. 1999) Referenced regarding the deferential standard of review for denial of permissive intervention. Used to support the proposition that review of discretionary denials of permissive intervention is particularly deferential and that the district court did not abuse its discretion.
Dellapenta v. Dellapenta, 838 P.2d 1153 (Wyo. 1992) Cited in the context of taking judicial notice of bankruptcy court records. The court took judicial notice of an order from the bankruptcy court denying consolidation of adversary proceedings and relied on that record in discussing the bankruptcy history.

Court's Reasoning and Analysis

The court analyzed the Crescent H owners' motions under the four-part test for intervention as of right set out in Colley:

  1. Interest related to the property or transaction: The court found the Crescent H owners did possess an interest in the riparian lands (nonexclusive easements) that was more than a generalized public interest and was not contingent. The owners therefore satisfied the first condition because they had a "significantly protectable interest."
  2. Whether disposition of the action may impair or impede protection of that interest and whether the interest is adequately represented by existing parties: The court treated these requirements together. It examined the actual claims asserted by the McNeely Mountain and Fish Creek Meadows owners (quiet title, declaratory judgment, breach of contract, tortious interference) and concluded Countryside's interests were aligned with the Crescent H owners' interests: Countryside had denied the claimed rights and thus sought the same outcome the Crescent H owners supported. The Crescent H owners did not identify independent claims they would pursue in the litigation (counsel admitted separate claims could be pursued independently), and they made no showing that Countryside would not adequately represent their interests. The record indicated the Crescent H owners planned no discovery, witnesses, or evidence and intended primarily to support Countryside by filing summary judgment motions. Accordingly, the court concluded the second and third conditions were not satisfied because the Crescent H owners failed to show their interests would be impaired by the litigation or that their interests were not adequately represented by existing parties.
  3. Timeliness: The court emphasized that timeliness is a discretionary determination for the district court. The Crescent H owners filed their motions to intervene in Case No. 01-135 more than two years after the complaint was filed (and in Case No. 01-129 about one year and eight months after initiation). The court considered the factual background showing the owners had known of the interrelated disputes since at least their 1996 adversary action in bankruptcy and specifically chose to settle separately and not participate in the other adversary proceedings. That prior choice weighed heavily against finding the interventions timely. The court also noted practical considerations: the cases had pending motions (including a motion to dismiss), scheduling orders, and the court reasonably could have concluded adding many intervenors would unduly delay resolution. Given this backdrop, the court found no abuse of discretion in the district court's timeliness determination.

Because the Crescent H owners failed to satisfy three of the four Colley conditions (adequate representation and timeliness with respect to both proceedings), the court affirmed the denial of intervention as of right. The court further reviewed permissive intervention under W.R.C.P. 24(b)(2) and, applying a particularly deferential standard of review, concluded the district court did not abuse its discretion in denying permissive intervention.

Holding and Implications

AFFIRMED.

Holding (core ruling): The Supreme Court of Wyoming affirmed the district court's denial of the Crescent H owners' motions to intervene both as of right under W.R.C.P. 24(a)(2) and permissively under W.R.C.P. 24(b)(2).

Direct consequences: The Crescent H homeowners were not permitted to join the pending lawsuits brought by McNeely Mountain and Fish Creek Meadows owners against Countryside. The court concluded that (1) while the Crescent H owners had a protectable interest in the riparian lands, they failed to demonstrate their interest would be impaired by the litigation or that existing parties (Countryside) would not adequately represent those interests, and (2) the motions to intervene were untimely in light of the parties' prior conduct and the duration of the pending actions. The court also found no abuse of discretion in the denial of permissive intervention.

Broader implications: The opinion applies established Wyoming standards for intervention and discretion in timeliness and permissive intervention; it did not create a new rule of law. No broader precedent beyond the court's application of existing authorities and standards was announced.

Sources: This summary is based exclusively on the text of the opinion by Justice Kite in the consolidated appeals (Nos. 01-129 and 01-135), Supreme Court of Wyoming, April 26, 2002.

MARGERY MASINTER; RICHARD H. and MARY M. VAUGHAN IRREVOCABLE TRUST; ALAN J. HIRSCHFIELD LIVING TRUST and BERTE HIRSCHFIELD LIVING TRUST; ROBERT B. AIKENS; EDWIN AUGUSTAT and MARGARET AUGUSTAT; R. MARK BODENHAMER and JUDY BODENHAMER; ANN LANE, CELANESE CORP.; ANNE B. EHRENKRANZ; RICHARD D. FARMAN and SUZANNE H. FARMAN; THOMAS W. FAUNTLEROY, JR.; MARK FELDMAN; LAWRENCE G. FINCH and RICH JUEL; GEORGE F. FRY, JR. and HELEN E. FRY TRUST, 30 OCTOBER, 1968; GEORGE HARRIS and SUZANNE HARRIS; BILL JONES and KAY JONES; MONROE LUTHER and KAY LUTHER; ROBERT J. MacLEAN and MARY ANNA MacLEAN; DOYEN P. McINTOSH; LESTER S. MORSE, JR. and ENID W. MORSE; RICHARD P. MORSE; MICHAEL S. OLIN and MARLENE OLIN; GERALD O'ROURKE and DONNA O'ROURKE; HAL RINEY; STANLEY B. SEIDLER; KEITH STOLTZ; ELIZABETH K. TREADWELL; RICHARD and LINDA WALTER; and JOEL R. WOLPE, Appellants (Proposed Inter v. nors), KENNETH W. MARKSTEIN and CAROLE MARKSTEIN, Appellees (Plaintiffs). CRESCENT H HOMEOWNERS ASSOCIATION, INC.; MARGERY MASINTER; RICHARD H. and MARY M. VAUGHAN IRREVOCABLE TRUST; ALAN J. HIRSCHFIELD LIVING TRUST and BERTE HIRSCHFIELD LIVING TRUST; ROBERT B. AIKENS; EDWIN AUGUSTAT and MARGARET AUGUSTAT; R. MARK BODENHAMER and JUDY BODENHAMER; ANN LANE, CELANESE CORP.; ANNE B. EHRENKRANZ; RICHARD D. FARMAN and SUZANNE H. FARMAN; THOMAS W. FAUNTLEROY, JR.; MARK FELDMAN; LAWRENCE G. FINCH and RICH JUEL; GEORGE F. FRY, JR. and HELEN E. FRY TRUST, 30 OCTOBER, 1968; GEORGE HARRIS and SUZANNE HARRIS; BILL JONES and KAY JONES; MONROE LUTHER and KAY LUTHER; ROBERT J. MacLEAN and MARY ANNA MacLEAN; DOYEN P. McINTOSH; LESTER S. MORSE, JR. and ENID W. MORSE; RICHARD P. MORSE; MICHAEL S. OLIN and MARLENE OLIN; GERALD O'ROURKE and DONNA O'ROURKE; HAL RINEY; STANLEY B. SEIDLER; KEITH STOLTZ; ELIZABETH K. TREADWELL; RICHARD and LINDA WALTER; and JOEL R. WOLPE, Appellants (Proposed Inter

KITE, Justice.

[¶ 1] The district court denied owners in the Crescent H Subdivision the right to intervene in cases in which owners in neighboring McNeely Mountain and Fish Creek Meadows Subdivisions sued the successor in interest of the developer of both subdivisions to enforce fishing and recreational rights they claim the developer granted to them when they purchased their lots. Those rights involved riparian lands included within the Crescent H Subdivision. The district court denied the Crescent H owners' motions to intervene both as of right and permissively, and we affirm.

ISSUES

[¶ 2] The appellants present these issues for our review:

1. Whether the Crescent H homeowners were entitled to intervene as of right.
2. Whether the Crescent H homeowners should have been permitted to intervene.

The appellees in Case No. 01-129 phrase the issues as:

1. Whether the district court properly denied appellants' motion to intervene as of right?
2. Whether the district court properly denied the appellants' motion for permissive intervention?
3. Whether the appellants have presented a sufficient record on appeal?

The appellees in Case No. 01-135 set out the issue as:

Have Appellants met their burden of proof that the District Court abused its discretion by denying the Appellants' Motion to Intervene?

FACTS

[¶ 3] This dispute has a massively complicated history, most of which is irrelevant to the resolution of the issues presented on appeal. However, some background is necessary. Donald H. Albrecht and his limited partnership, Rivermeadows Associates, Ltd. (RMA), originally developed both of the subdivisions involved. The Crescent H Ranch, owned by RMA, included approximately 1,300 acres of land located near Wilson and contained a guest ranch with outstanding fishing habitat in the riparian lands near Fish Creek and the Snake River. RMA platted the Crescent H Subdivision in 1985. With the sale of individual lots within the Crescent H Subdivision, RMA granted the buyers certain fishing and recreational rights in the riparian lands on the ranch which remained in RMA's ownership. RMA also developed the McNeely Mountain Subdivision and granted similar fishing and recreational rights to purchasers of those lots. RMA ultimately assigned other adjacent property to Fish Creek Meadows, Inc. together with similar fishing and recreational rights. Fish Creek in turn granted those rights to the individuals who purchased lots in the Fish Creek Meadows Subdivision. Thus, RMA was the source of the rights claimed by the Crescent H, the McNeely Mountain, and the Fish Creek Meadows owners. While RMA owned and controlled the Crescent H Subdivision, the appellees, who were purchasers in the McNeely Mountain and the Fish Creek Meadows Subdivisions, utilized their fishing and recreational rights in the RMA riparian lands without challenge and paid the requisite fees for such use.

[¶ 4] On January 17, 1995, RMA filed a petition for bankruptcy. At that time, some of the owners in all three subdivisions had not recorded or maintained documentation of the grants of their respective fishing and recreational rights. The bankruptcy called into question the validity and efficacy of the fishing and recreational rights, especially those that were unrecorded or allegedly conveyed after the petition for bankruptcy was filed. Forty-six individual Crescent H owners filed an adversary action in the bankruptcy seeking a declaration of the validity of their rights. The bankruptcy trustee also filed adversary actions against the McNeely Mountain and the Fish Creek Meadows owners seeking to avoid the fishing and recreational rights that RMA had conveyed to them. The trustee ultimately sold RMA's remaining ranch property, including the riparian lands, to Countryside I, L.L.C. However, that sale was not "free and clear of the interests of those fishing license and use agreement holders" which included the appellees in these cases. Ultimately, the Crescent H owners entered into a settlement agreement with the trustee that involved the issuance of new fishing and recreational rights by Countryside to these owners which were intended to supersede the earlier rights. The McNeely Mountain and the Fish Creek Meadows owners objected to that settlement arguing disparate treatment of similarly situated potential creditors. In the hearing on the settlement agreement, the counsel for the Crescent H owners made it clear that their claims were separate and distinct from the McNeely Mountain and the Fish Creek Meadows owners' claims and they were "not parties to the other two adversary proceedings, have taken no position, don't want to be involved." Ultimately, the bankruptcy court approved the Crescent H owners' settlement, and the adversary matter was dismissed. In addition, the bankruptcy court refused to consolidate all the adversary actions of the various homeowners concluding, "despite the existence of some common factual issues . . ., there remain different issues of law." Ultimately, the bankruptcy court also dismissed the adversary proceedings filed against the McNeely Mountain and the Fish Creek Meadows owners because the real property had been conveyed to Countryside and no justiciable controversy remained with regard to the trustee.

We take judicial notice of the Order Denying Motion for Consolidation, United States Bankruptcy Court for the District of Wyoming, Case No. 95-20322, Ch. 11, Adversary No. 97-2003 (Jan. 6, 1998), found in the bankruptcy records. See Dellapenta v. Dellapenta, 838 P.2d 1153, 1159 (Wyo. 1992).

[¶ 5] After the bankruptcy concluded, Countryside sent written notices to the McNeely Mountain and the Fish Creek Meadows owners denying the validity of their fishing and recreational rights in the Crescent H Ranch and its riparian lands. That action prompted them to file the underlying complaint in Case No. 01-135 on December 23, 1998, seeking to enforce their alleged fishing and recreational rights. Countryside filed a motion to dismiss which, after a hearing on June 18, 1999, remained pending for over a year and a half without action from the district court. The Crescent H owners did not file their motion to intervene in Case No. 01-135 until February 6, 2001, two years and forty-five days after the complaint was filed. The case was reassigned to another judge who held a hearing on the motion to intervene and denied the same. That hearing was not transcribed, and the order provides no explanation of the basis for the district court's decision.

The Fish Creek Meadows owners filed a complaint in Case No. 01-129 on June 18, 1999, seeking to enforce the same rights.

In Case No. 01-129, the Crescent H owners filed their motion to intervene on February 8, 2001, almost one year and eight months after the complaint was filed.

DISCUSSION

[¶ 6] The district court denied intervention both as a matter of right and permissively. W.R.C.P. 24(a)(2) permits a party to intervene as of right in an action and provides in pertinent part:

(a) Intervention of right. — Upon timely application anyone shall be permitted to intervene in an action:
. . .
(2) When the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.

Intervention may be allowed permissively when the intervenor's claim or defense has a question of fact or law in common with the main action and the court in its discretion determines intervention will not unduly delay or prejudice the adjudications of the rights of the original parties. W.R.C.P. 24(b)(2).

[¶ 7] In State Farm Mutual Automobile Insurance Company v. Colley, 871 P.2d 191, 194 (Wyo. 1994) (citations omitted), we stated the standard of review in matters involving claims of intervention as a matter of right:

Four conditions must be satisfied to permit intervention as of right under W.R.C.P. 24(a)(2). First, the applicant must claim an interest related to the property or transaction which is the subject of the action. Second, the applicant must be so situated that the disposition of the action may, as a practical matter, impair or impede the applicant's ability to protect that interest. Third, there must be a showing that the applicant's interest will not be adequately represented by the existing parties. Fourth, the application for intervention must be timely. An applicant who fails to meet any one of these conditions is not permitted to intervene as of right under W.R.C.P. 24(a)(2). . .
Questions of law and judicial discretion are presented by the denial of a motion to intervene. This court accords no deference to a district court's decisions on issues of law. Therefore, if the district court erroneously denied intervention as of right under the first, second or third conditions of W.R.C.P. 24(a)(2), we will reverse. However, the determination of the timeliness of an application to intervene is a matter within the discretion of the district court. The district court is permitted to weigh the timeliness of an application to intervene in light of the circumstances of the particular case, including whether the applicant may have sought intervention earlier. Therefore, to prevail on an appeal from a finding that an application to intervene is untimely, an abuse of discretion must be demonstrated.

[¶ 8] This court must affirm the district court's action on appeal if the judgment is sustainable on any legal ground appearing in the record. Deisch v. Jay, 790 P.2d 1273, 1278 (Wyo. 1990). Although the orders denying the motions to intervene in these cases do not set out the grounds the district court specifically relied upon, we conclude sufficient bases exist in the records to warrant denial of the motions to intervene.

[¶ 9] First, the intervenors must claim "an interest relating to the property or transaction which is the subject of the action." W.R.C.P. 24(a)(2). The property which is the subject of the action in this case is the riparian lands of the Crescent H Subdivision, and the "transaction" involved is the alleged grant by RMA to the McNeely Mountain and the Fish Creek Meadows owners of nonexclusive fishing and recreational rights in those lands. The Crescent H owners have an interest in the riparian lands as they too have nonexclusive easements in those lands which can be affected, albeit only slightly, by the confirmation of additional nonexclusive easements in the same property. To meet this requirement, we have determined the movant must have a "significantly protectable interest" in the subject of the litigation and not a contingent interest or one similar to any member of the public. Colley, 871 P.2d at 194. Clearly, the Crescent H owners' interest is not similar to that of any member of the public. Likewise, their interest is not contingent.

Five additional licenses would not likely have a great effect upon the use of the lands where forty-two licenses have already been granted. However, there was evidence that the value a license added to an individual lot in these subdivisions was at least $125,000.

[¶ 10] The second and third requirements are intertwined. The applicant must be situated so that disposition of the action "may as a practical matter impair or impede the applicant's ability to protect that interest" unless "the applicant's interest is adequately represented by existing parties." W.R.C.P. 24(a)(2). To apply this requirement, we must examine the actual claims made by the McNeely Mountain and the Fish Creek Meadows owners to determine whether disposition of those claims will impede the Crescent H owners from protecting their own interests in their licenses and whether their interests are adequately represented by Countryside. The claims include quiet title relating to the McNeely Mountain and the Fish Creek Meadows owners' right of access to the riparian lands owned by Countryside, declaratory judgment related to those rights in Countryside's property under the licenses, breach of contract by Countryside in denying them access, and tortious interference with contract by Countryside in inducing the bankruptcy trustee to breach the contracts. We can discern no reason why Countryside's interests are not completely aligned with the Crescent H owners' interests with regard to the defense of these claims. Countryside's unilateral and unexplained denial of the McNeely Mountain and the Fish Creek Meadows owners' rights provides clear indication that Countryside firmly intends to disallow these owners access to its riparian lands which is the same result sought by the Crescent H owners.

[¶ 11] All the claims made by the McNeely Mountain and the Fish Creek Meadows owners rely upon their contractual relationship with RMA and its successor in interest, Countryside. The Crescent H owners fail to identify any particular claims they would intend to make if allowed to intervene other than supporting Countryside's efforts to argue against the validity of the claimed rights. It may well be that the Crescent H owners have claims of their own against RMA and Countryside related to the alleged grant of licenses to owners of lands outside of the Crescent H Subdivision; however, those claims can be pursued independently as counsel admitted during argument. Consequently, those claims are not impaired or impeded by the disposition of the McNeely Mountain and the Fish Creek Meadows owners' separate claims based upon their alleged contracts with RMA. No showing was made concerning why the Crescent H owners' interests are not adequately represented by Countryside in this matter.

In fact, the Crescent H owners planned to call no witnesses or experts, conduct no discovery, introduce no evidence, but simply file summary judgment motions in support of Countryside.

[¶ 12] Finally, a motion to intervene can be denied solely on the basis of timeliness. Platte County School District No. 1 v. Basin Electric Power Cooperative, 638 P.2d 1276, 1278 (Wyo. 1982). The determination of the timeliness of an application to intervene is a matter within the district court's discretion. Curless v. Curless, 708 P.2d 426, 432 (Wyo. 1985). The Crescent H owners filed their motion in Case No. 01-135 over two years after the action was initiated. While this length of delay alone may not be fatal to a motion to intervene, we consider timeliness "in light of the circumstances of the particular case." Colley, 871 P.2d at 194. The issue of the validity of fishing and recreational licenses in these properties has been well known to all the parties at least since the Crescent H owners filed their adversary action in the RMA bankruptcy on October 17, 1996, over four years before they filed their motion to intervene in Case No. 01-135. In the hearing approving the settlement of the Crescent H owners' adversary action, which was opposed by the McNeely Mountain and the Fish Creek Meadows owners because it did not include them, the counsel for the Crescent H owners clearly indicated awareness of the non-Crescent H owners' claims stating in reference to the adversary actions involving those other owners, "The [Crescent H owners] are not parties to the other two adversary proceedings, have taken no position, don't want to be involved." At that time, the Crescent H owners opted to go it alone, obtain their own settlement, and let the McNeely Mountain and the Fish Creek Meadows owners pursue whatever course they deemed appropriate to protect their interests. We cannot ignore that background in determining whether the motion to intervene was timely.

In Case No. 01-129, they filed their motion almost one year and eight months after the action was initiated.

[¶ 13] The Crescent H owners argue this case was moving very slowly at the time of their motion and granting it would not unduly delay the matter or prejudice the other parties. While that may be true, the district court had denied an injunction, had a motion to dismiss under consideration, and had entered and revised various scheduling orders. It can hardly be deemed unreasonable for the court to conclude adding thirty parties in Case No. 01-135 would unduly delay an ultimate resolution of the matter, which had been pending for over two years prior to the filing of the motion. We conclude the record supports the district court's denial of the motions to intervene as a matter of right as a result of the applicants' failure to meet three of the four requirements of W.R.C.P. 24(a)(2).

In Case No. 01-129, there were twenty-nine parties who were asking to be added in a case which had been pending for almost a year and eight months prior to the filing of the motion to intervene.

[¶ 14] Motions to intervene permissively are subject to the district court's discretion. W.R.C.P. 24(b)(2). We will review a district court's ruling on permissive intervention for an abuse of discretion, and our review in this area is particularly deferential. See United States v. City of New York, 198 F.3d 360, 367 (2d Cir. 1999). We likewise hold the district court did not abuse its discretion in denying the motions to intervene based upon permissive intervention.

[¶ 15] Affirmed.

Use AI to get other relevant cases.

Comments

MASINTER v. MARKSTEIN
(Apr 26, 2002)