Lundberg v. Koontz

Collins, J.,

concurring on merits, dissenting on motion to intervene:

On the motion to intervene:

I do not agree with the majority opinion of the court on the motion to intervene. I am of the opinion that Silver State Sweepstakes, Ltd., and the individuals who were citizens, registered voters, and taxpayers of Nevada, were entitled to intervene as a matter of right. It is apparent to me that the respondent Secretary of State could not, and did not, adequately represent the interest of those seeking to intervene. The motive of the Secretary of State is above reproach so far as the position he took in his answer, admitting factual averments concerning authentication of signatures to the documents supporting the petition. However, his honestly-taken position was clearly adverse to that of those seeking to intervene. This, I feel, gave intervenors the right to intervene pursuant to NRCP 24(a).

On the merits:

I concur in the opinion of Mr. Justice Thompson.