1:25-cv-00077•Brown v. McConkey et al
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Steven Brown v. Case No. 25-cv-077-LM-AJ Mark McConkey, et al. REPORT AND RECOMMENDATION Self-represented plaintiff Steven Brown filed a complaint (Doc. No. 1) against several individuals1 he alleges violated his constitutional rights in connection with a property dispute in Ossipee, New Hampshire. Presently before the court for a recommended disposition are non-party Lynne M. Clarke’s motions to intervene (Doc. Nos. 16 and 21). As explained more fully below, the motions should be denied. Legal Standard “On timely motion, the court must permit anyone to intervene who . . . claims an interest relating to the property or transaction” if the person “is so situated that disposing of the action may as a practical matter impair or impede [his] ability to protect [his] interest, unless existing parties 1 The defendants are Ossipee Police Chief Don Babbin, Selectman Jonathan Smith, Town Administrator and Zoning Officer Matt Sawyer, and Mark McConkey, a state senator and property owner. Case 1:25-cv-00077-LM-AJ Document 42 Filed 11/20/25 Page 1 of 6
2 adequately represent that interest.” Fed. R. Civ. P. 24(a)(2). Known as “intervention as of right,” this avenue for intervention in a lawsuit requires that the moving party satisfy every requirement of the rule (timeliness, interest, threat of impairment, and inadequate representation by existing parties). Victim Rights Law Ctr. v. Rosenfelt, 988 F.3d 556, 560 (1st Cir. 2021); Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 807 F.3d 472, 474 (1st Cir. 2015). While intervention by right requires each of the four requirements be satisfied, the court may “recognize that there is some interplay between them,” Daggett v. Comm'n on Governmental Ethics & Election Pracs., 172 F.3d 104, 113 (1st Cir. 1999), and consider the motion for intervention “with an eye toward the commonsense view of the overall litigation,” Ungar v. Arafat, 634 F.3d 46, 51 (1st Cir. 2011). Alternatively, if the moving party cannot meet the requirements of intervention as of right under Rule 24(a)(2), she can seek “permissive intervention” under Rule 24(b)(1)(B) if she “has a claim or defense that shares with the main action a common question of law or fact.” Id. When evaluating a request for permissive intervention, “the district court can consider almost any factor rationally relevant” when exercising its “very broad discretion in granting or denying the motion,” Daggett, 172 F.3d at 113, but “[i]n exercising its discretion, the court Case 1:25-cv-00077-LM-AJ Document 42 Filed 11/20/25 Page 2 of 6
3 must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights,” Fed. R. Civ. P. 24(b)(3). Allco Renewable Energy Ltd. v. Haaland, No. 1:21-CV-11171-IT, 2022 WL 18033002, at *2 (D. Mass. Jan. 7, 2022), aff'd sub nom. Melone v. Coit, 100 F.4th 21 (1st Cir. 2024). Discussion Turning first to intervention as of right, Ms. Clarke’s motion should be denied because she does not “claim an interest relating to the property that is the subject of the action.” Fed. R. Civ. P. 24(a)(2). According to the operative complaint (Doc. No. 1), the basis of Mr. Brown’s suit is that “a county employee unlawfully trespassed” onto his property, id. ¶ 6, and, along with others, subjected him to “unlawful fines and enforcement actions . . . .” Id. ¶ 7. According to one of Mr. Brown’s filings, his property is located at 25 Chapel Rd. in Ossipee, New Hampshire. Pltf. Mot. (Doc. No. 7) at 1. By contrast, Ms. Clarke’s motion describes a legal dispute with the New Hampshire Director of Charitable Trusts over real estate located at 154 Moultonville Rd. in Center Ossipee, New Hampshire. See November 20, 2024 Status Report, Ossipee Revitalization Grp. v. Ossipee Bd. of Selectmen, No. 212-2024- CV-00066 (Carroll Super. Ct.) (Doc. No. 21-1). As Ms. Clarke Case 1:25-cv-00077-LM-AJ Document 42 Filed 11/20/25 Page 3 of 6
4 fails to demonstrate “an interest relating to” Mr. Brown’s property, she cannot claim intervention as a matter of right.2 Ms. Clarke’s claim for permissive intervention fares no better, as there is no apparent “common question of law or fact” that she shares with Mr. Brown’s claim. See Fed. R. Civ. P. 24(b)(1)(B). As noted above, Mr. Brown claims that local officials violated his rights when they trespassed on his property and commenced legal proceedings against him. Ms. Clarke’s grievance seems to stem from her involvement in an organization seeking to stop the Town of Ossipee from demolishing a historic building and her failed attempt to intervene in state court proceedings involving the Director of Charitable Trusts, from whom the Town needs permission for the proposed demolition. That she shares Mr. Brown’s belief that Town officials have behaved illegally is not a basis for intervention where the Town’s actions involve entirely unrelated proceedings. Furthermore, Rule 24(b)(2) requires “the court [to] consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.” Allowing Ms. Clarke to intervene would expand the scope of this 2 In addition to lacking an interest in Mr. Brown’s property dispute, Ms. Clarke fails to demonstrate how the disposition of this suit would affect her rights if intervention is denied. Case 1:25-cv-00077-LM-AJ Document 42 Filed 11/20/25 Page 4 of 6
5 suit to an impermissible extent by forcing the defendants to address their actions in unrelated situations involving different properties and legal theories.3 Indeed, Ms. Clarke acknowledges that, other than “shar[ing] constitutional themes” with Mr. Brown’s action, her claims arise from “independent property interests, [New Hampshire Right-to-Know Law] violations, and charitable trust violations,” Supp. to Mot. (Doc. No. 33) at 1-2, none of which are present in Mr. Brown’s suit. Accordingly, the district court should deny Ms. Clarke’s motion to the extent she seeks permissive intervention. Conclusion Based on the foregoing, the district judge should deny Ms. Clarke’s motions to intervene (Doc. Nos. 16 and 21). Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Only those issues raised in the objection(s) to this Report and Recommendation are subject to review in the district 3 Mr. Brown, invoking 42 U.S.C. § 1983, alleges that the defendants violated his rights under the Fourth and Fourteenth Amendments. Compl. (Doc. No. 1) at 2. Ms. Clarke also asserts that the Constitutional rights of unnamed “affected parties were violated,” Repl. (Doc. No. 31) at 2, but also claims that that town officials failed to “follow zoning procedure, uphold fiduciary and legal duties, [and] disclose conflicts of interest, . . . .” Id. Litigating these additional matters would undoubtedly delay the proceedings in this case. Case 1:25-cv-00077-LM-AJ Document 42 Filed 11/20/25 Page 5 of 6
6 court. See Sch. Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010). Any issues not preserved by such objection(s) are precluded on appeal. See id. Failure to file any objections within the specified time waives the right to appeal the district court's Order. See Santos-Santos v. Torres- Centeno, 842 F.3d 163, 168 (1st Cir. 2016). ______________________________________ Andrea K. Johnstone United States Magistrate Judge November 20, 2025 cc: Steven Brown, pro se Counsel of Record Case 1:25-cv-00077-LM-AJ Document 42 Filed 11/20/25 Page 6 of 6
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