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← 168 W. Va. 265 - Snyder v. Callaghan

168 W. Va. 265 - Snyder v. Callaghan’s Empirical Analysis

1981

Citation profile

49
cited by 49 later decisions
4
states following
May 2017
most recently cited

49 state decisions

How this case has been cited

Cited by 49 later decisions — most recently May 2017 · most notably Connecticut Ass'n of Health Care Facilities, Inc. v. Worrell (1986), 204 W. Va. 95 - Kessel v. Leavitt (1998)

49 state decisions

2201981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 33 U.S.C. § 1341

Relies on Warth v. Seldin · Singleton v. Wulff · Hunt v. Washington State Apple Advertising Commission · Sierra Club v. Morton · 153 W. Va. 538 - State Ex Rel. Kucera v. City of Wheeling

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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[t]raditionally, courts have been reluctant to allow persons to claim standing to vindicate the rights of a third party on the grounds that third parties are generally the most effective advocates of their own rights and that such litigation will result in an unnecessary adjudication of rights which the holder either does not wish to assert or will be able to enjoy regardless of the outcome of the case.”
    5 later decisions quote this exact passage
  2. “The riparian owner has a property interest in the flow of a natural watercourse through or adjacent to his [or her] property- The right of enjoying this flow without disturbance, interference, or material diminution by any other proprietor is a natural right, and is an incident of property in the land, like the right the proprietor has to enjoy the soil itself without molestation from his neighbors. The right of property is in the right to use the flow, and not in the specific water. The riparian owner’s right is to have the water pass his land in its natural course. Each proprietor may make any use of the water flowing over his premises which does not essentially or materially diminish the quantity, corrupt the quality or detain it so as to deprive other proprietors or the public of a fair and reasonable participation in its benefits. The obstruction or diversion of the natural watercourse or the introduction into it of sediment, sludge, refuse or other materials which corrupt the quality of the water by upper riparian owners or users constitutes an infringement of the lower riparian owner’s property right, which may be enjoined or give rise to a cause of action for damages.”
    2 later decisions quote this exact passage
  3. “An association which has suffered no injury itself, but whose members have been injured as a result of the challenged action, may have standing to sue solely as the representative of its members when: (1) its members would have standing to sue in their own right; (2) the interests it seeks to protect are germane to the organization's purpose; and (3) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.”
    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.