United States v. Northern Indiana Public Service Co., et al.

100 F.R.D. 78 (1983)

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United States v. Northern Indiana Public Service Co., et al.

United States District Court for the Northern District of Indiana
100 F.R.D. 78 (1983)

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Facts

On August 7, 1978, the United States (plaintiff) filed a “Notice of Condemnation” affecting nearly 37 acres of land owned by Northern Indiana Public Service Company (NIPSCO) (defendant). NIPSCO timely filed an answer to the Notice and its objections to condemnation. Although the court had set a date for trial by order, the court later vacated the order. Three months later, the Save the Dunes Council (the Council) (plaintiff) filed a motion to intervene as a plaintiff under Fed. R. Civ. P. 24. NIPSCO filed its response to the Council’s motion to intervene and also filed a motion to strike. All three parties filed a number of briefs and motions thereafter. However, the United States never filed a response to the Council’s motion to intervene. The court then heard the Council’s motion to intervene as a plaintiff.

Rule of Law

Issue

Holding and Reasoning (Sharp, J.)

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