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Richland/Wilkin Joint Powers Authority v. United States Army Corps of Engineers

United States District Court, D. Minnesota

July 8, 2015

RICHLAND/WILKIN JOINT POWERS AUTHORITY, Plaintiff,
v.
UNITED STATES ARMY CORPS OF ENGINEERS, JOHN MCHUGH, JOELLEN DARCY, and DAN KOPROWSKI, Defendants, FARGO-MOORHEAD FLOOD DIVERSION BOARD OF AUTHORITY, Intervenor Defendant.

Gerald W. Von Korff, RINKE NOONAN, St. Cloud, MN, for plaintiff.

Carol Lee Draper, UNITED STATES DEPARTMENT OF JUSTICE, Washington DC; Friedrich A. P. Siekert, Assistant United States Attorney, UNITED STATES ATTORNEY'S OFFICE, Minneapolis, MN, for defendants.

Robert E. Cattanach and Michael R. Drysdale, DORSEY & WHITNEY LLP, Minneapolis, MN, for intervenor defendant.

Jill S. Nguyen, Assistant Attorney General, MINNESOTA ATTORNEY GENERAL'S OFFICE, St. Paul, MN, for amicus curiae Minnesota Department of Natural Resources.

Matthew A. Sagsveen, Assistant Attorney General, NORTH DAKOTA ATTORNEY GENERAL'S OFFICE, Bismarck, ND, for amicus curiae State of North Dakota.

Joseph A. Turman and Katrina A. Turman Lang, TURMAN & LANG, LTD, Fargo, ND, for movant City of Oxbow.

MEMORANDUM OPINION AND ORDER GRANTING MOTION TO INTERVENE

JOHN R. TUNHEIM, Chief District Judge.

The City of Oxbow ("Oxbow") moves to intervene in this case as a defendant, under both Federal Rules of Civil Procedure 24(a)(2) and 24(b)(1)(B). The intervenordefendant Fargo-Moorhead Flood Diversion Board of Authority ("Authority") supports Oxbow's motion, while the plaintiff Richland/Wilkin Joint Powers Authority ("JPA") opposes the motion.

Rule 24(a)(2), which provides for intervention of right, states that:

On timely motion, the court must permit anyone to intervene who:
...
(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.

Fed. R. Civ. P. 24(a)(2). Rule 24 is construed "liberally" and courts "resolve any doubts in favor of the proposed intervenors." United States v. Ritchie Special Credit Invs., Ltd., 620 F.3d 824, 832 (8th ...


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