Schulthess v. Carollo’s Empirical Analysis
1992
Citation profile
29 state decisions
How this case has been cited
Cited by 29 later decisions — most recently February 2020 · most notably Cathcart v. Meyer (2004), City of Casper v. Utech (1995)
29 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 Merrion v. Jicarilla Apache Tribe · Hodge v. United States Department of Justice · Washakie County School District Number One v. Herschler · Stewart v. Iowa · Pan American Petroleum Corp. v. Wyoming Oil & Gas Conservation Commission
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“personal stake in the outcome of the controversy.”
13 later decisions quote this exact passage“11. THAT petitioners might be injured by contestees’ reactivated use of the Budget No. 2 Ditch. A call for regulation by the reactivated senior priority Budget No. 2 Ditch could cause the junior priority Kirchhefer Spring to be denied water, and thus cause injury to the petitioners (Wyoming Statutes 41-3-401, 1977). At the public hearing, the petitioners testified that they might be injured by the reactivation of the Budget No. 2 Ditch due to the junior priority of their spring development, and that they would be benefited by the declaration of abandonment. Hydrogra-pher Commissioner, Dave Andrews testified under subpoena that if the Kirchhefer Spring were determined to be a common source with the creek he might have to regulate it if a call for regulation were received (Transcript page 224). Gordon W. Fassett corroborated Mr. Andrews’ testimony (Transcript page 287). Fred Kirchhefer provided unchallenged testimony that his wells in that area have gone dry in the past (Transcript pages 51 and 52).”
1 later decision quote this exact passagee.g. Snider v. Kirchhefer“[T]his court, and others, has repeatedly interpreted Wyoming's abandonment statutes to require that a petitioner have a "tangible" as opposed to a "theoretical" interest at stake to establish standing. See, e.g., Hagie v. Lincoln Land Co., 18 F.Supp. 637, 639 (D.Wyo.1937) * * *; Laramie Rivers Co. v. Wheatland Irr. Dist., 708 P.2d 20, 30 (Wyo. 1985) * * *; Horse Creek Conservation Dist. v. Lincoln Land Co., 54 Wyo. 320, 342 , 92 P.2d 572, 580 (1939) (door is not open for just anybody to initiate abandonment proceedings). Under Wyoming's present abandonment statute, the "tangible interest at stake" requirement necessitates that Carollo allege and prove a reasonable likelihood that the abandonment of Schulthess' water rights will either benefit or injure his surplus water right. See Wyo.Stat. § 41-3-401(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.