Judge Ted Stewart – Motion to Intervene denied

HERRIMAN CITY, a municipality, et al., Plaintiffs, vs. SHERRIE SWENSEN, as
Salt Lake County Clerk; and GARY R. HERBERT, as Lieutenant Governor of the
State of Utah, Defendants.

Case No. 2:07-CV-711 TS


2007 U.S. Dist. LEXIS 88177

November 30, 2007

This case concerns Plaintiffs’ constitutional challenge to a state statutory scheme which establishes the procedure for the creation of a new school district. The Utah Attorney General’s office represented the State of Utah (through its representative Gary Hebert, Lieutenant Governor) and is defending the constitutionality of the relevant statutes.

The Proposed Intervenors are parties to an Interlocal Agreement established for the purpose of creating an East Side School District. The Court previously denied Plaintiffs’ Motion for Permanent Injunction and the election on the issue of whether or not to create the East Side School District proceeded as scheduled. The Proposed Intervenors sought to intervene in this action as a matter of right pursuant to Fed.R.Civ.P. 24(a), arguing that they have a significant and protectible interest in the matter which is not adequately represented by the current parties. Plaintiffs opposed the intervention.

In short, the Judge ruled: “their [the Proposed Intervenors’ and the State’s] ultimate interests in defending the constitutionality of the state statute are aligned. Because of this alignment of interests in upholding the constitutionality of the statutory scheme, the Court . . . finds that representation in this matter is adequate. Therefore, the Proposed Intervenors are not entitled to intervene as a matter of right and the Court will deny the Motion.”

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