State v. Operating Contractors’s Empirical Analysis
1999
Citation profile
9 state decisions
Appellate journey
reviewedthe decision below (from Texas 345th Judicial District Court)
Relationships
Applies 42 U.S.C. § 7401 (Air Quality Act of 1967) · 42 U.S.C. § 7509
Relies on Home Building & Loan Ass'n v. Blaisdell · Maryland v. Louisiana · United States Trust Company of New York v. New Jersey · Lynch v. United States · Federal Sign v. Texas Southern University
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A franchise is a special privilege conferred by government upon an individual or organization which does not belong to the citizenry at large, and in which activity one otherwise could not engage without the franchise. [[Image here]] Franchises under Texas case law generally take the form of utilities, or other monopolies, created to further the public interest. Moreover, there must exist a contract between grantor and grantee which is mutually binding and enforceable. Whether an instrument, ordinance, or contract amounts to a franchise depends largely upon the manner of its performance in compliance with its terms. [[Image here]] ... One who claims a franchise right or privilege in derogation of the common rights of the public must prove his title thereto by a grant clearly and definitely expressed, and cannot enlarge it by equivocal or doubtful provisions or probable inferences.”
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.