Goodman v. Voss’s Empirical Analysis

Citation profile

2 federal appellate · 11 state decisions

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.

1. “(c) To the extent necessary to make a decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. In making the following determinations, the court shall review the whole record or those parts of it cited by a party and due account shall be taken of the rule of prejudicial error. The reviewing court shall: (i) Compel agency action unlawfully withheld or unreasonably delayed; and () Hold unlawful and set aside agency action, findings and conclusions found to be: (A) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; (B) Contrary to constitutional right, power, privilege or immunity; (C) In excess of statutory jurisdiction, authority or limitations or lacking statutory right; (D) Without observance of procedure required by law; or (E) Unsupported by substantial evidence in a case reviewed on the record of an agency hearing provided by statute.”

   1 later decision quote this exact passage
   e.g. Timothy S. Tarver and Carole A. Tarver v. City of Sheridan Board of Adjustments, Robert L. Bernard and Beverly D. Bernard

2. “has the right to choose any reasonable and convenient route for the proposed private road, and neither the Board nor neighboring landowners can force the petitioner to accept an illogical, uneconomic, and unproductive road.... That leads to the logical conclusion that it is the petitioner who selects the persons to be notified of the petition. In turn, that process limits the possible locations for the road because the viewers and appraisers must locate the road within the lands of the property owners who were given notice. However, the petitioner only selects the general location of the road; it is the duty of the viewers and appraisers to establish the exact location of the road so- that it will do the least possible damage to the land through which it passes.”

   1 later decision quote this exact passage
   e.g. Patrick J. Whaley and Mary L. Whaley v. Flitner Limited Partnership, a Wyoming Limited Partnership

3. “1) whether the issue decided in the prior adjudication was identical with the issue presented in the present action; (2) whether the prior adjudication resulted in a judgment on the merits; (8) whether the party against whom collateral estoppel is asserted was a party or in privity with a party to the prior adjudication; and (4) whether the party against whom collateral estoppel is asserted had a full and fair opportunity to litigate the issue in the pri- or proceeding.”

   1 later decision quote this exact passage
   e.g. Robert L. Kroenlein Trust ex rel. Alden v. Kirchhefer