Ostendorf v. Kenyon’s Empirical Analysis
1984
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently February 2009 · most notably Peavler v. BD. OF COM'RS MONROE CTY. (1988), Steinke v. City of Andover (1994)
34 state decisions
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 28 U.S.C. § 2680
Relies on Bennett v. Storz Broadcasting Co. · Nieting v. Blondell · Cairl v. State · Cook v. Trovatten · Williamson v. Cain
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) discretionary act (as) one which requires a balancing of complex and competing factors at the planning, rather than the operational, stage of development. A ministerial act has been defined as ‘absolute certain and imperative, involving merely the execution of a specific duty arising from fixed designated facts.’ At some point, according to the Minnesota Supreme Court, discretion is exhausted and duty arises, (citations omitted).”
3 later decisions quote this exact passage“[T]he pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law.”
3 later decisions quote this exact passage“[a]ny claim based upon the performance or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.”
3 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.