372 S.W.3d 477
Mo. Ct. App.2012Background
- On November 17, 2011, Allred filed §116.190 action challenging the sufficiency and fairness of the two Minimum Wage Initiative Petitions' ballot titles, summaries, and fiscal notes.
- Section 116.190 permits a citizen to challenge official ballot titles or fiscal notes by filing in Cole County; Secretary of State and State Auditor were named as defendants.
- On November 29, 2011, MJJ and Valerie Gordon moved to intervene as of right, alleging MJJ had organized and financed the petitions and Gordon supported and signed them.
- The circuit court denied intervention as a matter of right (and permissively) on February 22, 2012, but allowed amicus participation; the court accepted affidavits as true.
- Appellants appeal, arguing intervention as of right under Rule 52.12(a)(2); the court must apply Murphy v. Carron and the Rule 52.12 standards to decide; the court ultimately reverses in part and remands.
- The court reverses the denial as to MJJ, grants intervention, and affirms the remainder of the judgment; Gordon’s intervention is denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MJJ qualifies for intervention as of right. | MJJ has a direct, substantial interest in the initiative petitions. | State defendants adequately represent MJJ’s interests. | Yes; MJJ has an absolute right to intervene. |
| Whether Gordon has an entitlement to intervention as of right. | Gordon, as a signer, has a direct interest requiring intervention. | Gordon lacks a sufficient direct interest beyond mere signing. | No; Gordon’s interest is insufficient for intervention. |
Key Cases Cited
- State ex rel. Reser v. Martin, 576 S.W.2d 289 (Mo. banc 1978) (appeal lies from denial of intervention when right is absolute)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for intervention as of right)
- McMahon v. Geldersma, 317 S.W.3d 700 (Mo. App. W.D. 2010) (right to intervene becomes absolute when elements are met)
- Kinney v. Schneider Nat’l Carriers, Inc., 200 S.W.3d 607 (Mo. App. W.D. 2006) (three elements required; denial proper if any missing)
- Toombs v. Riley, 591 S.W.2d 235 (Mo. App. W.D. 1979) (minimal showing suffices for potential inadequate representation)