United States v. Northern Indiana Public Service Co., et al.
United States District Court for the Northern District of Indiana
100 F.R.D. 78 (1983)
The United States filed a condemnation action against roughly 37 acres owned by Northern Indiana Public Service Company (NIPSCO) (defendant); after the scheduled trial date was vacated, the Save the Dunes Council (Council) (plaintiff), an environmental group with a 30-year interest in preserving the Indiana Dunes, moved to intervene as a plaintiff under Rule 24 several months later, alleging an environmental interest in the tract of land, though it asserted no property interest in the condemned parcel itself. NIPSCO opposed intervention, and the United States never responded to the Council's motion.
Whether a party seeking to intervene under Federal Rule of Civil Procedure 24 must show (1) timely application, (2) a significantly protectable interest in the property or transaction subject to the action, (3) that disposition of the action may impede its ability to protect that interest, and (4) that the interest is not adequately represented by existing parties.