69 F.R.D. 392 | E.D. Pa. | 1975
MEMORANDUM AND ORDER
This action has been brought by representative community groups, tenants, and individual homeowners residing in the University City Renewal Area Unit #5,
On December 10, 1968, PCHA and RDA entered into a voluntary settlement whereby PCHA was to be appointed as the developer of 60 to 80 housing units in Parcel 5
As a result of the above settlement agreement, PCHA claims to have a sufficient interest so as to enable it to intervene as of right pursuant to Rule 24(a)(2) of the Federal Rules of Civil Procedure.
PCHA also asks to intervene as a matter of discretion pursuant to Rule 24(b).
. The area known as University City Urban Renewal Area Unit #5 includes the area 'bounded by Chestnut Street, 34th Street, Powelton Avenue, 32nd Street, Race, and 33rd Streets. [Count 24 of plaintiffs’ complaint.]
. PCHA is a non-profit corporation, organized under the laws of Pennsylvania, with approximately one hundred (100) members who are homeowners in Powelton Village.
. Parcel 5 is located on the north side of Race Street between Natrona and 33rd Streets. [See Exhibit A attached to plaintiffs’ complaint.]
. Rule 24(a)(2) provides in pertinent part: Upon timely application anyone shall be permitted to intervene in an action:
(2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.
. Plaintiffs and PCHA apparently agree that housing is needed on Parcel 5, although they disagree as to the design and structure of the units to be developed by PCHA and Powelton ’76. Such differences are irrelevant in regard to the present case.
. Rule 24(b) provides in pertinent part:
Upon timely application anyone may be permitted to intervene in an action: (2) when an applicant’s claim or defense and the main action have a question of law or fact in common. ... In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.