Akers v. Mortensen’s Empirical Analysis
2009
Citation profile
13 state decisions
Relationships
Relies on Pope v. Intermountain Gas Co. · Camp v. East Fork Ditch Co., Ltd. · Sun Valley Shamrock Resources, Inc. v. Travelers Leasing Corp. · Davis v. Peacock · Alumet v. Bear Lake Grazing Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is the province of the trier of fact to weigh conflicting evidence and testimony and to judge the credibility of witnesses.”
3 later decisions quote this exact passage“After the Akers moved onto their property, they altered the route of the access road at its eastern end where it connects to Millsap Loop Road. Rather than meeting Millsap Loop Road after a sharp turn to the north as before, (the original approach) the altered approach (the curved approach) starts to turn earlier and curves more gently to the north before meeting the county road. Both the original and curved approaches to the access road are on a triangle of land (the triangle) the ownership of which has been disputed____ [T]he Peplinskis [ 2 ] sold their property, Parcel A, to the Mortensens. The Mortensens later sold much of Parcel A, including the portion adjacent to Parcel B, to the Whites. According to later findings by the district court, the Whites and the Mortensens entered into a business relationship in which they planned to split their land in Parcel A into smaller lots to create a housing development. The court found that in order to accommodate their projected housing development, the Appellants also planned to widen the access road that crossed the Akers’ property and connected the Appellants’ land to Millsap Loop Road. In January 2002 or before, the Akers blocked the Appellants’ use of the curved approach to the access road and also forbid the Appellants to travel on the western end of the access road, where it passes through Parcel B before connecting to the Appellants’ property in Parcel A. The Appellants then brought in heavy equipment, including a bulldozer”
2 later decisions quote this exact passage“Government Lot 2 is located to the northeast, and Parcel B is to the northwest. The Akers own the southwestern comer of Government Lot 2 and the southeastern corner of Parcel B. Parcel A is located to the southwest and much of Parcel A, including that adjoining Parcel B, is owned by the Whites. The Mortensens own a portion of Parcel A located to the south of that owned by the Whites. The Reynolds Property[ 1 ] is located to the southeast ... Government Lot 2 is bisected roughly north to south by a county road, Millsap Loop Road. [The Mortensens] hold an easement for ingress and egress to Millsap Loop Road across portions of the Akers’ property. Because the properties meet at a four-way corner, Parcel A and Government Lot 2 do not actually share a border. It is therefore physically impossible to access Parcel A from Millsap Loop Road in Government Lot 2 without also passing through some other property.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.