San Juan County, Utah v. United States

PAUL J. KELLY, JR., Circuit Judge, joined by TACHA, Chief Judge, PORFILIO, O’BRIEN, McCONNELL and HOLMES, Circuit Judges,

concurring in the judgment:

The court holds that SUWA is not entitled to intervene in this lawsuit, and I agree. However, I do not join the court’s discussion of the meaning of “interest” in Fed.R.Civ.P. 24(a), and I respectfully dissent from its conclusion that SUWA has a legally protectable interest in this quiet title action.

*1208This case is a dispute between the federal government and San Juan County over whether the County has a valid right of way over a dirt road in…