Deny Id. Residents’ Motion to Intervene in Tower Dispute, AT&T Urges Court
The motion of roughly 255 residents of Kootenai County, Idaho, to intervene in AT&T’s cell tower dispute with the county should be denied because the residents “have failed to establish two of the four factors required for intervention as a…
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matter of right,” said AT&T’s opposition Friday (docket 2:23-cv-00124) in U.S. District Court for Idaho. The county is on record as having no objection to the residents’ motion in which they argue they can’t rely on the municipality to protect their interests (see 2307140006). But the residents “lack a significantly protectable interest relating to the property or transaction that is the subject of this action,” and they can’t establish that the county won’t “adequately represent” their interests, said AT&T. The residents also have failed to satisfy “the required elements of permissive intervention,” it said. They haven’t identified, let alone proved, a common question of law and fact between the movant’s claim or defense and the main action, it said.