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Mergen v. Northern States Power Co.1/31/2001 hat an intervenor cannot precipitously wait for expensive litigation costs to be incurred, then intervene without being obligated to pay its pro rata share of reasonable litigation expenses. Id. This rule is fair in that an intervenor, who enters a lawsuit as a matter of right, should be held responsible for its proportionate share of reasonable expenses incurred prior to intervention as determined by the trial court after an appropriate hearing.
[ .] Reversed and remanded.
[ .] MILLER, Chief Justice, and SABERS, KONENKAMP, and GILBERTSON, Justices, concur.
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