Turner v. Bouchard’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Many of our sister states have recognized that an exception to the presumption exists when [the] property in controversy consists of unenclosed and unimproved wild lands or woodlands. Thus, when unenclosed and unimproved wild-lands or woodlands are involved, the presumption is that the use was permissive, and the burden of proving that the use was adverse or under a claim of right is upon the one asserting these rights.”

   2 later decisions quote this exact passage
   e.g. Breeding v. Koste · Clickner v. Magothy River Ass'n

2. “[The landowner] argues that the woodlands exception applies here because: the disputed area is not visible from Big Bear Lane; due to the hilly terrain, the disputed area is not visible from lot 17; lot 17 was not developed until 2005; and lot 17 is entirely wooded and contains patches that are densely vegetated. The [trial] court disagreed. Lots 16 and 17 are quarter-acre parcels located in a subdivision with hundreds of other similar[-]sized parcels. Both lots are improved with houses and driveways, as well as less formal clearings that are used as paths to access the lake. Though some portions of lot 17 have a steep terrain and contain untrimmed vegetation, the disputed area itself is bounded by a retaining wall and has been cleared and maintained.”

   1 later decision quote this exact passage
   e.g. Breeding v. Koste