Freedom From Religion Foundation, Inc. v. Weber et al

Filing 17

ORDER granting 14 Motion to Intervene. Signed by Judge Dana L. Christensen on 5/31/2012. (dle) Modified on 5/31/2012- order emailed to counsel Harball per chambers DE (BAW, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
FREEDOM FROM RELIGION
FOUNDATION, INC., a Wisconsin nonprofit corporation,

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Plaintiff,
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vs.
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CHIP WEBER, Flathead National Forest
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Supervisor; UNITED STATES FOREST
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SERVICE, An Agency of the United States )
Department of Agriculture,
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Defendants,
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and
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WILLIAM GLIDDEN, RAYMOND
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LEOPOLD, EUGENE THOMAS,
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NORMAN DeFORREST, and the
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KNIGHTS OF COLUMBUS,
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Defendant-Intervenors. )
___________________________________ )

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CV 12-19-M-DLC

ORDER

Before the Court is a motion to intervene in this matter filed by the Knights
of Columbus and four individual members of Kalispell Council 1328 of the
Knights of Columbus (collectively, the “Knights of Columbus”). The Knights of
Columbus hold the special use permit issued by the United States Forest Service
for the placement on Forest Service land of the statue representing Jesus Christ
that is at the center of this litigation. They seek to intervene as a matter of right or,
in the alternative, permissively under Fed. R. Civ. P. 24(a) and (b). Plaintiff
Freedom From Religion Foundation, Inc., does not oppose the motion. The
Federal Defendants would not take a position on the motion when contacted by
counsel for the Knights of Columbus, but apparently advised that they are likely to
file a statement of non-opposition in the near future.
An applicant for intervention as of right must demonstrate the following:
(1) it has a significant protectable interest relating to the property or
transaction that is the subject of the action; (2) the disposition of the
action may, as a practical matter, impair or impede the applicant’s
ability to protect its interest; (3) the application is timely; and (4) the
existing parties may not adequately represent the applicant’s interest.
United States v. Alisal Water Corp., 370 F.3d 915, 919 (9th Cir. 2004); see
also Fed. R. Civ. P. 24 (a). The Knights of Columbus have satisfied these
requirements. As the holder of the special use permit authorizing the current
placement of the statute, they have a significant protectable interest in the subject
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matter of this action. Should the Plaintiff obtain the relief it seeks, the resulting
removal of the statute from federal land would constitute a serious impairment of
the ability of the Knights of Columbus to protect their interest in the special use
permit. This matter has not been set for trial and no pretrial schedule is yet in
place; thus, the application to intervene is timely.
Finally, there exists a possibility that the Federal Defendants may not
adequately represent the interests of the Knights of Columbus. In fact, the Forest
Service initially declined to renew the special use permit for the statue in 2011,
before ultimately reversing itself and approving the permit. Ex. 3 to Glidden Decl.
(Doc. 15-1 at 13). The stated reason for the Forest Service’s initial denial of the
renewal was that the statute is a religious shrine and that its current placement is
an “inappropriate use of public land” under the Establishment Clause of the First
Amendment. Id. at 15. Although the Forest Service eventually relented and
renewed the special use permit, under the circumstances the Court has no
difficulty finding that the Knights of Columbus have a perspective that is socially
and legally distinct from that of the Federal Defendants, and that the Federal
Defendants may not adequately represent the interests of the Knights of Columbus
in this matter, particularly as it relates to First Amendment issues.
Accordingly, IT IS HEREBY ORDERED that the motion to intervene filed
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by the Knights of Columbus (Doc. No. 14) is GRANTED, and the caption is
modified as reflected above. The Clerk of this Court is directed to file the lodged
Answer of Defendant-Intervenors.
IT IS FURTHER ORDERED that the Knights of Columbus shall file
separate motions for each individual attorney for which they seek admission pro
hac vice. The motion for pro hac vice admission currently lodged with the Court
will not be filed.
IT IS FURTHER ORDERED that the Defendant-Intervenors shall file a
preliminary pretrial statement addressing all matters listed in Local Rule
16.2(b)(1) on or before June 4, 2012.
DATED this 31st day of May, 2012.

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