State v. Dunn’s Empirical Analysis
2008
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently November 2023
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 Lingle Governor of Hawaii et al. v. Chevron Usa Inc · Breidert v. Southern Pacific Co. · State v. ENSLEY · Brock v. State Highway Commission · Wolf v. Department of Highways
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.
“as [the Statel admits[,] 'After the ... project was completed, the access to Diamond Avenue was taken and in its place there was substituted access onto a frontage road ... [.J This substituted access can in no way be equated with the former access to Diamond Avenue for on the [the property owner's] abutting forty (40) feet of old Diamond Avenue is now constructed a solid concrete barrier and retaining wall extending for 125 [feet] from [the property owner's] west property line requiring vehicular traffic in leaving access point No. 3 to go south from this point to a frontage road, thence turn left (east) for 125 [feet] along the barrier wall and to the end of the barrier wall, thence south downhill to the new main traveled portion of new Diamond Avenue, thence turn right (west) on the new pavement, thereby reversing directions. From access point No. 2, a motor vehicle must proceed south out of the parking lot into the frontage road; downhill across the frontage road, pass the retaining wall, thence turn right (west) onto new Diamond Avenue. To get to Highway 41 from these two access points now requires going approximately one mile further than before.”
1 later decision quote this exact passage“'[a]lthough takings cases may be extremely fact sensitive, the ultimate application of constitutional provisions to an established set of facts involves a pure question of law.' " Biddle v. BAA Indianapolis, LLC , 860 N.E.2d 570 , 575 (Ind. 2007) (quoting Taylor-Chalmers, Inc. v. Bd. of Comm'rs of LaPorte Cty. , 474 N.E.2d 531 , 536 (Ind. Ct. App. 1985) (Hoffman, J., concurring)). Indeed, as this Court has explained: As we have observed in the past, condemnation proceedings are comprised of two stages: (1) an initial or summary phase, and (2) the phase during which the fact finder determines damages. City of Hammond v. Marina Entm't Complex, Inc. , 733 N.E.2d 958 , 966 (Ind. Ct. App. 2000), trans. denied . "During the initial or summary phase of the proceedings, the action consists solely of legal issues which are decided by the trial court.”
1 later decision quote this exact passage“a landowner operated a bowling alley on a piece of property accessible by four access points and by traffic traveling in either direction on two roads.... [T]he State constructed [a new highway] that cut of access with certain directions of traffic to the business property... At first blush, Diamond Lanes appears to be a traffic flow case. However, [our supreme court] explained that the primary access point was “completely eliminated” and the access to another road “was taken and in its place there was substituted access onto a frontage road”....”
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.