601 So. 2d 860 - Bowen v. Flaherty’s Empirical Analysis
1992
Citation profile
5 state decisions
How this case has been cited
Cited by 6 later decisions — most recently May 2013
5 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
Relies on McCluskey v. Thompson · Shaw v. OWEN GIN COMPANY · 568 So. 2d 720 - MISS. STATE TAX COM'N v. Moselle Fuel Co. · 232 So. 2d 351 - Quick Shops of Mississippi, Inc. v. Bruce · Young v. Weaver
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) In any nuisance action, public or private, against an agricultural operation, proof that said agricultural operation has existed for one (1) year or more is an absolute defense to such action, if the conditions or circumstances alleged to constitute a nuisance have existed substantially unchanged since the established date of operation. (2) The following words and phrases as used in this section shall have the meanings given them in this section: (a) "Agricultural operation" includes, without limitation, any facility for the production and processing of crops, livestock, farm-raised fish and fish products, livestock products, and poultry or poultry products for commercial or industrial purposes. (b) "Established date of operation" means the date on which the agricultural operation commenced operation. If the physical facilities of the agricultural operation are subsequently expanded, the established date of operation for each expansion is deemed to be a separate and independent "established date of operation" established as of the date of commencement of the expanded operation and the commencement of expanded operation shall not divest the agricultural operation of a previously established date of operation. (3) The provisions of this section shall not be construed to affect any provision of the "Mississippi Air and Water Pollution Control Law." (4) This section shall not affect actions commenced prior to July 1, 1980.”
1 later decision quote this exact passage“established as of the date of commencement of the expanded operation and the commencement of expanded operation shall not divest the agricultural operation of a previously established date of operation. (3) The provisions of this section shall not be construed to affect any provision of the”
1 later decision quote this exact passage“includes, without limitation, any facility for the production and processing of crops, livestock, farm-raised fish and fish products, livestock products, and poultry or poultry products for commercial or industrial purposes. (b)”
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.