Posted by: Patricia Salkin | August 27, 2020

9th Cir. Court of Appeals Holds Neighborhood Association was Not Entitled to Intervene as of Right in Action Seeking Review of Area Planning Commission’s Denial of Application for a Conditional Use Permit

This post was authored by Matthew Loescher, Esq.

In this case, Reynier Village Neighborhood Association appealled the district court’s order denying its motion for intervention as of right and for permissive intervention in in action seeking review of area planning commission’s denial of application for a conditional use permit to build a wireless communication tower. The United States District Court for the Central District of California, denied motion for intervention as of right and for permissive intervention, and Reynier appealed.

The court found the fact that the City attempted to resolve Verizon’s challenge to an earlier decision by the South Los Angeles Area Planning Commission did not negate its present interest in defending the 2018 Decision. This finding was supported by the City’s opposition to Verizon’s motion for partial summary judgment and its filing of a cross-motion for summary judgment. Thus, the City was presumed to adequately represent Reynier’s interests. Reynier’s desire to defend the 2018 Decision on grounds other than the ones the City relied on at the summary-judgment stage was found to be insufficient to overcome the presumption. Accordingly, the district court’s denial of Reynier’s request for permissive intervention was affirmed.

Los Angeles SMSA Limited Partnership v City of Los Angeles, 817 F. Appx. 350 (9th Cir CA 6/4/2020)

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