Town of Chester v. Laroe Estates

Posted: May 1, 2017 by beguide in Business Entities, case summaries, Civil Procedure, Fantasy Supreme Court League, Standing, Uncategorized, White Skull

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WHAT HAPPENED:  To help convey this generally procedural issue, let’s treat this like a professional wrestling event.

(Best Jim Ross Impersonation)

LADIES AND GENTLEMEN!  IN THIS CORNER, PLAINTIFF LAROE!  A MAN WHO WANTS TO DEVELOP HIS PROPERTY AND IS BEING STYMED BY GOVERNMENT REGULATIONS!  WHAT AN UNDERDOG! THIS FANCIES TO BE A REAL SLOBBERKNOCKER!

AND IN THIS CORNER!  TOWN OF CHESTER!  A MUNICIPALITY THAT DOESN’T LIKE LAROE AND HAS PASSED ZONING REGULATIONS TO GET IN HIS WAY!  WHAT AN EVIL CHAMPION THAT LOOKS TO RETAIN ITS DOMINANCE OVER LAND USE!  THE CROWD REALLY HATES THEM!

THE MATCH HAS STARTED AND WE ARE READY TO……WHAT A MINUTE, WHATS THAT SOUND???  THAT’S LAROE ESTATE’S MUSIC!  WHAT ARE THEY DOING HERE?!?  LADIES AND GENTLEMEN, WE HAVE A THREE-WAY BATTLE!

WHY IS THIS BEFORE THE SUPREME COURT:  In legal speak, Laroe Estates wants to intervene in a lawsuit between the landowner and the township, which procedurally means you want to get involved in a case that is ongoing because you have an interest at stake.  Laroe was denied intervention because the Court held that Laroe lacked “standing”, which is the requirement that you are harmed in the underlying litigation and that the litigation will be able to solve that harm.  This is a weird ruling, because standing is usually presumed if you can meet the other requirements of intervention.

WHAT ARE THE RAMIFICATIONS:  Although one could argue that this case could help shape the requirements for intervention going forward, it seems more likely that the Court is just going to remand this decision back to the Lower Court so that they can come up with a clearer way to deny intervention that doesn’t require the Court to address a weird loophole in the rules.  Ultimately, this is not that common of a problem, as most people who meet the elements of intervention inherently have standing, so although this seems like a big deal, my guess is the Court will just be asking the Lower Court to use the elements to deny intervention, if denial is that important.

ROOT FOR TOWN OF CHESTER IF:  WE NEED TO SETTLE THIS CASE IN A STEEL CAGE, BROTHER!!

ROOT FOR LAROE ESTATES IF:  AND HERE COMES THE STATE AND FEDERAL GOVERNMENT!  LADIES AND GENTLEMEN, WE HAVE A ROYAL RUMBLE!!

PREDICTION:  Laroe Estates 7-1

 

 

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