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Perry v. Schwarzenegger, No. 10-16751

By FindLaw Staff on January 05, 2011 5:01 PM

Denial of Proposition 8 Intervention Motion

In Perry v. Schwarzenegger, No. 10-16751, an appeal by the County of Imperial, its Board of Supervisors, and a Deputy Clerk for the County from the denial of their motion to intervene in the case concerning the constitutionality of California's Proposition 8, the court dismissed the appeal where none of the Imperial County movants demonstrated a "significant protectable interest" at stake in this action.

As the court wrote:  "The County of Imperial, its Board of Supervisors, and a Deputy Clerk for the County appeal the denial of their motion to intervene in this case concerning the constitutionality under the United States Constitution of Article I, section 7.5 of the California Constitution ("Proposition 8"). Concurrently, they assert their standing to appeal on the merits the district court order holding Proposition 8 to be unconstitutional."

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