Southern Pacific Co. v. City of Portland

221 F.R.D. 637, 2004 U.S. Dist. LEXIS 10974, 2004 WL 1287200
CourtDistrict Court, D. Oregon
DecidedJune 8, 2004
DocketNo. 52-6662-HO
StatusPublished

This text of 221 F.R.D. 637 (Southern Pacific Co. v. City of Portland) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southern Pacific Co. v. City of Portland, 221 F.R.D. 637, 2004 U.S. Dist. LEXIS 10974, 2004 WL 1287200 (D. Or. 2004).

Opinion

ORDER

HOGAN, District Judge.

This proceeding arises from four lawsuits filed in the 1950s. Plaintiff Southern Pacific (now Union Pacific Railroad Company) brought this action seeking to stop the City of Portland from condemning a portion of Southern Pacific’s right of way. Individual residents of the Eastmoreland and West-moreland neighborhoods brought actions seeking to prohibit Southern Pacific’s use of portions of its right of way for railroad purposes.

In 1956, the court entered a permanent injunction prohibiting Southern Pacific from constructing or maintaining trackage on portions of its right of way and restricting the remaining use of its right of way. Since the court’s entry of the injunction, the individual homeowners have either moved or passed away.

Two entities have been formed to protect the interests of the neighborhood residents of the area affected by the injunction: the Eastmoreland Neighborhood Association (ENA) and Sellwood Moreland Improvement League (SMILE). The associations now seek to intervene asserting that Union Pacific has violated the decree.

ENA and SMILE move to intervene as of right or, in the alternative, for permissive intervention to enforce the court’s October 22, 1956 judgment. ENA and SMILE also seek to substitute Union Pacific in the place of Southern Pacific as a defendant and to change the caption of this ease to reflect the associations as plaintiffs, as successors in interest to the original defendants, and Union Pacific as defendant.

A. Intervention

As a threshold matter, Union Pacific asserts that the neighborhood associations lack standing to intervene to obtain the remedies requested.

1. Standing

In their motion to show cause, the associations seek: (1) a finding that Union Pacific is in contempt for violating the injunction dated [640]*640October 26, 1956; (2) a fine of $1,000,000 or some other sum for damages caused by Union Pacific’s contempt; (3) Union Pacific’s sequestration from all storage, holding, receiving and departure tracks within the area covered by the injunction; and (4) reasonable attorney fees.

Union Pacific argues that regardless of whether the neighborhood associations meet the requirements for intervention, the motion should be denied because they lack standing to seek the relief proposed and the requested relief is not available as a matter of law.

For purposes of intervention as of right, the associations argue that only a significantly protectable interest is required and for purposes of permissive intervention no independent jurisdiction is required to ask a court to enforce an existing injunction.

For purposes of intervention as of right, the associations argument that a showing of standing is not required is not well-taken. The associations do provide better authority with regard to permissive intervention. Permissive intervention ordinarily requires independent jurisdictional grounds. 7C Charles A. Wright, Arthur R. Miller, Mary K. Kane, Federal Practice and Procedure § 1917 at 466 (2nd ed.1986); see also Blake v. Pallan, 554 F.2d 947, 955-56 (9th Cir.1977). However, an independent jurisdictional basis is not required where intervenors do not seek to litigate a claim on the merits, i.e., where the intervenors only seek to enforce an injunction that a court retains jurisdiction to enforce. See Beckman Indus., Inc. v. Internal Ins. Co., 966 F.2d 470, 473 (9th Cir.1992). But the associations do not provide authority that standing is not required. Nonetheless, it appears that the associations meet the standing requirements.

The associations appear to have standing both in a representative capacity and to sue on their own behalf.

Article III of the Constitution limits the jurisdiction of federal courts to the “resolution of ‘cases’ and ‘controversies’ ”. Allen v. Wright, 468 U.S. 737, 750, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984); Valley Forge Christian College v. Americans United Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982). An aspect of the limitation of Article III is the doctrine of standing. See, e.g., Valley Forge Christian College, 454 U.S. at 471, 102 S.Ct. 752. Thus, in order to invoke the jurisdiction of this court, a party must first demonstrate that it has standing to challenge the conduct of a proposed party opponent. “[T]he standing question is whether [a] plaintiff has ‘alleged such a personal stake in the outcome of the controversy’ as to warrant his invocation of federal-court jurisdiction and to justify exercise of the court’s remedial powers on his behalf’. Warth v. Seldin, 422 U.S. 490, 498-99, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975), citing, Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962) (footnote omitted).

In order to establish the requisite standing, a party must demonstrate “at an irreducible minimum”, (1) that it personally has suffered some actual or threatened injury (injury-in-fact); (2) that the injury can be traced to the challenged conduct of the proposed party opponent (causation) and (3) that the injury is likely to be redressed by a favorable judicial decision (redressability). Valley Forge Christian College, 454 U.S. at 472,102 S.Ct. 752.

To meet the injury-in-fact requirement, a party must show a “distinct and palpable” injury. Warth, 422 U.S. at 501, 95 S.Ct. 2197. Threatened harm can provide the basis for a finding of injury-in-fact. Valley Forge Christian College, 454 U.S. at 472, 102 S.Ct. 752. Where the harm is threatened, “[o]ne does not have to await the consummation of threatened injury to obtain preventive relief. If the injury is certainly impending that is enough”. Babbitt v. United Farm Workers National Union, 442 U.S. 289, 298, 99 S.Ct. 2301, 60 L.Ed.2d 895 (1979), quoting, Pennsylvania v. West Virginia, 262 U.S. 553, 593, 43 S.Ct. 658, 67 L.Ed. 1117 (1923) (other citations omitted). “However, [a] plaintiff must show that he ‘has sustained or is immediately in danger of sustaining some direct injury’ as the result of the challenged ... conduct and the injury or threat of injury must be both ‘real and immediate,’ not conjectural or hypothetical.” Los [641]*641Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983).

Organizations are entitled to sue on their own behalf for injuries they have sustained. E.g., Worth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975).

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Related

Baker v. Carr
369 U.S. 186 (Supreme Court, 1962)
Warth v. Seldin
422 U.S. 490 (Supreme Court, 1975)
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442 U.S. 289 (Supreme Court, 1979)
Havens Realty Corp. v. Coleman
455 U.S. 363 (Supreme Court, 1982)
City of Los Angeles v. Lyons
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Allen v. Wright
468 U.S. 737 (Supreme Court, 1984)
United States v. Washington
86 F.3d 1499 (Ninth Circuit, 1996)
Pennsylvania v. West Virginia
262 U.S. 553 (Supreme Court, 1923)
County of Orange v. Air California
799 F.2d 535 (Ninth Circuit, 1986)
United States v. Oregon
913 F.2d 576 (Ninth Circuit, 1990)
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492 U.S. 911 (Supreme Court, 1989)

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Bluebook (online)
221 F.R.D. 637, 2004 U.S. Dist. LEXIS 10974, 2004 WL 1287200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-pacific-co-v-city-of-portland-ord-2004.