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← 341 P.3d 1107 - Brewer v. State

Brewer v. State’s Empirical Analysis

2014

Citation profile

5
cited by 5 later decisions
3
states following
February 2021
most recently cited

4 state decisions

Relationships

Relies on Pennsylvania Coal Co. v. Mahon · Lucas v. South Carolina Coastal Council · Ruckelshaus v. Monsanto Co. · Hawaii Housing Authority v. Midkiff · Block v. Hirsh

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

  1. “This inquiry should not devolve into an after-the-fact evaluation of the wisdom of the fire-fighting policies and tactical choices that preceded the taking .... Whether a taking is necessary must be judged at the time the taking occurs. The essence of the doctrine is that the government is acting “under pressure of public necessity and to avert impending peril” and chooses to damage private property as the lesser of two evils. It is that choice, in that moment, for which necessity may provide a defense.”
    1 later decision 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.