Georgia-Pacific Corp. v. United States

228 Ct. Cl. 821, 1981 U.S. Ct. Cl. LEXIS 415, 1981 WL 21496
CourtUnited States Court of Claims
DecidedJuly 31, 1981
DocketNo. 315-75
StatusPublished
Cited by1 cases

This text of 228 Ct. Cl. 821 (Georgia-Pacific Corp. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgia-Pacific Corp. v. United States, 228 Ct. Cl. 821, 1981 U.S. Ct. Cl. LEXIS 415, 1981 WL 21496 (cc 1981).

Opinion

In this action, plaintiff Georgia-Pacific alleges the inverse condemnation of approximately 9000 acres of surface and subsurface coal-bearing lands owned by it in two West Virginia counties. Large portions of the subsurface acreage are subject to coal leases which Georgia-Pacific has granted from time to time. One such lease, with a present value aggregating perhaps several hundreds of thousands of dollars, is held by movant Virginia Crews. In a decision dated November 6, 1980, the trial judge found, inter alia, that the lands subject to the Virginia Crews coal lease had been inversely condemned by the Government as of March 28, 1975. (The trial judge also rejected other taking claims which had been asserted by Georgia-Pacific with respect to other nearby parcels.) The trial judge went on to find, by logical implication, that there had also been a taking of Virginia Crews’ leasehold interest in the parcel as of the same date. The court has not yet reviewed the trial judge’s decision nor has any computation of damages yet been attempted. In short, we are still in the liability phase of the case. In its motion dated March 27, 1981, Virginia Crews moved under our Rule 65(a)(2) for leave to intervene in this action as a party plaintiff, seeking "just compensation” for the inverse condemnation of its leasehold interest as found by the trial judge.

[822]*822Rule 65(a)(2) provides in pertinent part: "Upon timely application, anyone may be permitted by the court ... to intervene in an action . . . where the applicant has a pecuniary interest in the subject matter of the main action.” (Emphasis supplied.) The Government contends that the two prerequisites specified by the Rule, pecuniary interest and timeliness, have not been satisfied. We disagree.

1. Pecuniary interest. There is a lack of authority construing the expression "pecuniary interest” as used in our Rule 65(a)(2). Nonetheless, we derive useful guidance from Judge Spottswood Robinson’s apt observation: "The right of intervention . . . implements the basic jurisprudential assumption that the interest of justice is best served when all the parties with a real stake in a controversy are afforded an opportunity to be heard [in one arena].” Hodgson v. United Mine Workers, 347 F.2d 118, 130 (D.C. Cir. 1972). The expression "pecuniary interest” should be construed flexibly so as to effectuate this underlying objective.

In essence, the case before us involves a controversy over the alleged taking of a piece of land and the just compensation therefor. Plainly enough, a lessee of valuable mineral deposits in the land does have a "real stake” in the ultimate resolution of the dispute, i.e., whether a taking is found and whether damages will be awarded. See generally Foster v. United States, 221 Ct. Cl. 412, 607 F.2d 943 (1979). The "interests of justice” would be served by allowing Virginia Crews to intervene, because it has both the stake and, apparently, the wherewithal to make an effective presentation of the issues during the remaining stages of this litigation.

Thus, Virginia Crews does indeed have a "pecuniary interest in the subject matter of the main action” within the intendment of our procedural Rule.1

[823]*8232. Timeliness. As with "pecuniary interest,” the expression "upon timely application” has also not been authoritatively construed in our prior decisions. However, there is considerable authority construing the same expression as used in the Rule on Intervention in the Federal Rules of Civil Procedure, Rule 24. We turn to these authorities for the appropriate guidelines in pursuing our own analysis.

To begin, it is well settled that the question of timeliness is addressed to the sound discretion of the court. See, e.g., NAACP v. New York, 413 U.S. 345, 366 (1973); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 (1978). The determination of timeliness is to be made from a weighing of all the relevant facts and circumstances. See, e.g., NAACP, supra; Hodgson, supra, at 129. The amount of time which has elapsed since the inception of the lawsuit, although pertinent, is not disposi-tive. See, e.g., Stallworth v. Monsanto Co., 558 F.2d 257, 266 (5th Cir. 1977); Hodgson, supra. For example, in Hodgson, supra, Judge Robinson granted a motion to intervene after more than seven years had elapsed from the beginning of the lawsuit. By far the most important consideration is the "relative prejudice to the existing parties and the would-be intervenor”: in the first instance, the prejudice which would result from granting the motion; in the second, the prejudice, or loss of benefit, which would result from issuing [824]*824a denial. United States v. Marion County School District, 590 F.2d 146, 148 (5th Cir. 1979); accord, Spring Construction Co. v. Harris, 614 F.2d 374, 377 (4th Cir. 1980); Alaniz, supra; Hodgson, supra. We now apply these guidelines to the case at bar.

We note initially that Georgia-Pacific filed its petition in this court on August 22, 1975 and that Virginia Crews did not file its motion to intervene until March 27, 1981, an interval of almost six years. Moreover, Virginia Crews has not provided any explanation for the delay.

The passage of time, however, should be placed in context. From the commencement of the lawsuit until January 1978, the parties merely engaged in pre-trial motions and some discovery. Then, in a decision of January 25,1978, the court suspended all proceedings in this case in deference to a parallel action underway in the federal district court for the Southern District of West Virginia. Georgia-Pacific Corp. v. United States, 215 Ct. Cl. 354, 568 F.2d 1316, cert. denied, 439 U.S. 820 (1978). The suspension remained in effect until March 1979. Six months later, a trial was held on the issue of liability. More than another year elapsed before the trial judge entered his decision in November 1980. In other words, these have been unusually protracted proceedings, during which there have been many long periods of inactivity since the case began.

It is also worth emphasizing that, irrespective of the almost six years passage of time, in procedural terms this case has not yet moved beyond the liability phase. The parties have still to bring before the court their exceptions to the trial judge’s report and damages have yet to be determined, a not inconsiderable task in a taking case.

Most importantly, the Government has failed to adduce any convincing theory as to how it would be prejudiced by the granting of the motion to intervene.

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228 Ct. Cl. 821, 1981 U.S. Ct. Cl. LEXIS 415, 1981 WL 21496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-pacific-corp-v-united-states-cc-1981.