The US Supreme Court [official website] ruled [opinion, PDF] Monday in Town of Chester v. Laroe Estates, Inc. [SCOTUSblog materials] that as-of-right intervenors must have independent Article III standing to intervene under Rule 24(a)(2) [LII materials]. Justice Samuel Alito delivered the opinion of a unanimous court. In 2012 Steven Sherman, a land developer, filed suit against the Town of Chester for obstructing plans for a subdivision, costing Sherman $5.5 million and nearly bankrupting him. Laroe, Sherman’s investor, filed to intervene when the court of appeals remanded the case. Laroe argued that “under New York law, it is ‘the equitable owner of the Real Property’ at issue in Sherman’s suit” and sought damages “for the taking of Laroe’s interest in the subject real property.” The court concluded that because Laroe sought damages different from those sought by Sherman, they must produce their own standing to proceed.
The Supreme Court granted certiorari in January and heard arguments [JURIST reports] in April.