Brogoto v. Wiggins’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “With regard to § 536.050, declaratory judgments are authorized thereunder respecting the validity of an administrative ‘rule’ or a threatened application thereof. The term ‘rule’ is specially defined in § 536.010(4) [V.A.M.S. § 536.010(2)] as including every regulation ‘of general application and future effect.’ The definition in that subsection (4) [Y.A.M.S. subsection (2) ] stands in contrast to the definition of ‘contested case’ in subsection (2) [V.A.M.S. subsection (3)], which is defined as ‘a proceeding before an agency in which legal rights, duties or privileges of specific parties are required by law to be determined after hearing; * * * ’ These definitions are substantially identical to those set forth in Rule 100.01. The determination and order by the Clinton County Planning Commission on September 14, 1970, was part of a ‘contested case’ rather than a mere ‘order’ within the meaning of the above definitions. Accordingly, plaintiffs action in filing this declaratory judgment suit was not within the authorization of § 536.050. While the Administrative Procedure Act and Rule 100 do set forth special procedures for review of a ‘contested case,’ those provisions are not pertinent here since § 536.100 and Rule 100.03 provide that these provisions are inapplicable if ‘some other provision for judicial review is provided by statute’; and § 64.660 does make ‘other provision’. Nor is the present declaratory judgment suit authorized under the general Declaratory Judgment Act,”

   1 later decision quote this exact passage
   e.g. Carter v. Greene County

2. ““2. Any party to the proceedings who is aggrieved by any final decision, finding, rule or order of the supervisor may file with the supervisor of liquor control his application for a review within fifteen days after notice of such decision shall have been mailed to said party. Within ten days after receipt of such application for review, the supervisor shall transmit to the circuit court ... a certified copy of the entire record of the proceedings under review . . . The reviewing court may affirm the decision of the supervisor or may reverse or modify it”

   1 later decision quote this exact passage
   e.g. State ex rel. Stewart v. Tillman