detailed analysis (Montana) · Go Syfert
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detailed analysis in Montana

11 Montana opinions name it 1 courts 2003–2022 1 in the last five years

The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Varnum v. Briengreen
iowa · 2009 · cited in 2 Montana opinions naming this issue, 2012–2012
2 sentences

2012Given all of these factors (and the detailed analysis accompanying them), the court held that “gay persons cannot be deprived of heightened judicial protection merely 96 because of their relatively limited political influence.” Kerrigan, 957 A.2d at 453-54 ; see also Varnum, 763 N.W.2d at 895 (“gay and lesbian people are not so politically powerful as to overcome the unfair and severe prejudice that history suggests produces discrimination based on sexual orientation”). ¶161 In the present case, Dr. Chauncey provided his professional opinion that “gay and lesbian people do not currently posses

2012Given all of these factors (and the detailed analysis accompanying them), the court held that “gay persons cannot be deprived of heightened judicial protection merely because of their relatively limited political influence.” Kerrigan, 957 A.2d at 453-54 ; see also Varnum, 763 N.W.2d at 895 (“gay and lesbian people are not so politically powerful as to overcome the unfair and severe prejudice that history suggests produces discrimination based on sexual orientation”). ¶161 In the present case, Dr. Chauncey provided his professional opinion that “gay and lesbian people do not currently possess a

22
Albers v. County of Los Angelesgreen
cal · 1965 · cited in 1 Montana opinions naming this issue, 2022–2022
1 sentence

2022Albers, 398 P.2d at 131-38 (consequential land-shifting under nearby private properties caused-in-fact by construction of a public roadway in the vicinity of an unstable land formation).

11
Sampson v. Groomsgreen
mont · 1988 · cited in 1 Montana opinions naming this issue, 2012–2012
2 sentences

2012Mattson, ¶ 47 (“[t]he law requires that [the easement holder’s] use of the easement not unreasonably burden the servient tenement.”) (quoting Sampson v. Grooms, 230 Mont. 190, 195, 196 , 748 P.2d 960, 963, 964 (1988)). ¶51 Based on authorities cited in Mattson II, the District Court concluded that “no definite rule can be stated as to what may be considered a reasonable use of an easement as distinguished from an unreasonable use; rather, the question is usually one of fact to be determined in the light of the situation of the property and the surrounding circumstances.” It follows that Defend

2012Mattson, ¶ 47 (“[t]he law requires that [the easement holder’s] use of the easement not unreasonably burden the servient tenement.”) (quoting Sampson v. Grooms, 230 Mont. 190, 195, 196 , 748 P.2d 960, 963, 964 (1988)). ¶51 Based on authorities cited in Mattson II, the District Court concluded that “no definite rule can be stated as to what may be considered a reasonable use of an easement as distinguished from an unreasonable use; rather, the question is usually one of fact to be determined in the light of the situation of the property and the surrounding circumstances.” It follows that Defend

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Kerrigan v. Commissioner of Public Health green
conn · 2008
2 sentences

2012Given all of these factors (and the detailed analysis accompanying them), the court held that “gay persons cannot be deprived of heightened judicial protection merely 96 because of their relatively limited political influence.” Kerrigan, 957 A.2d at 453-54 ; see also Varnum, 763 N.W.2d at 895 (“gay and lesbian people are not so politically powerful as to overcome the unfair and severe prejudice that history suggests produces discrimination based on sexual orientation”). ¶161 In the present case, Dr. Chauncey provided his professional opinion that “gay and lesbian people do not currently posses

2012Given all of these factors (and the detailed analysis accompanying them), the court held that “gay persons cannot be deprived of heightened judicial protection merely because of their relatively limited political influence.” Kerrigan, 957 A.2d at 453-54 ; see also Varnum, 763 N.W.2d at 895 (“gay and lesbian people are not so politically powerful as to overcome the unfair and severe prejudice that history suggests produces discrimination based on sexual orientation”). ¶161 In the present case, Dr. Chauncey provided his professional opinion that “gay and lesbian people do not currently possess a

22012–2012
Axtell v. M.S. Consulting green
mont · 1998
2 sentences

2008Consulting, 1998 MT 64 , 288 Mont. 150 , 955 P.2d 1362 , in determining whether the district court correctly granted summary judgment, we conducted a detailed analysis of water use rights to a specific parcel of property that had been transferred numerous times between 1936 and 1993.

2008Consulting, 1998 MT 64 , 288 Mont. 150 , 955 P.2d 1362 , in determining whether the district court correctly granted summary judgment, we conducted a detailed analysis of water use rights to a specific parcel of property that had been transferred numerous times between 1936 and 1993.

22008–2008
Minnesota Chamber of Commerce v. Gaertner green
mnd · 2010
2 sentences

2011Instead, it concluded that “Citizens United is unequivocal: the government may not prohibit independent and indirect corporate expenditures on political speech.” (Quoting Minn. Chamber of Comm. v. Gaertner, 710 F. Supp. 2d 868 (D.

2011Instead, it concluded that “Citizens United is unequivocal: the government may not prohibit independent and indirect corporate expenditures on political speech.” (Quoting Minn. Chamber of Comm. v. Gaertner, 710 F. Supp. 2d 868 (D.

12011–2011
Montana Chamber Of Commerce v. Ed Argenbright green
ca9 · 2000
1 sentence

2011Montana Chamber of Commerce v. Argenbright, 226 F.3d 1049 (9th Cir. 2000). 6 in the negative, the District Court did not conduct a detailed analysis of the compelling interest question.

12011–2011
Flynn v. Uninsured Employers' Fund neutral
mont · 2005
2 sentences

2008Flynn v. Uninsured Employers’Fund, 2005 MT 269, ¶ 11 , 329 Mont. 122, ¶ 11 , 122 P.3d 1216, ¶ 11 .

2008Flynn v. Uninsured Employers’Fund, 2005 MT 269, ¶ 11 , 329 Mont. 122, ¶ 11 , 122 P.3d 1216, ¶ 11 .

12008–2008
Swanson v. Champion International Corp. green
mont · 1982
2 sentences

2005Corp. (1982), 197 Mont. 509 , 646 P.2d 1166 , and Payne v. Eighth Judicial Dist.

2005Corp. (1982), 197 Mont. 509 , 646 P.2d 1166 , and Payne v. Eighth Judicial Dist.

12005–2005
Mutual Life Insurance Co. of New York v. Yampol green
ilnd · 1989
1 sentence

2005Co. v. Yampol, 706 F.Supp. 596 (N.D.Ill.1989).

12005–2005
Stimac v. State green
mont · 1991
2 sentences

2003Stimac, 248 Mont. at 417 , 812 P.2d at 1249 . ¶14 The District Court conducted a detailed analysis of each of the above factors, based upon the evidence presented during the hearing.

2003Stimac, 248 Mont. at 417 , 812 P.2d at 1249 . ¶14 The District Court conducted a detailed analysis of each of the above factors, based upon the evidence presented during the hearing.

12003–2003

Where else courts name it

CA 155 (1945–2026) TX 133 (1933–2026) NY 108 (1939–2025) IL 67 (1922–2026) OH 60 (1953–2026) WV 56 (1976–2026) NJ 52 (1963–2026) FL 48 (1932–2026) PA 48 (1956–2025) MI 44 (1965–2025) MS 44 (1956–2025) CT 43 (1969–2024) WA 38 (1968–2024) AL 38 (1946–2024) MD 34 (1968–2022) IN 30 (1888–2025) GA 29 (1943–2025) KY 29 (1931–2025) LA 28 (1954–2021) MO 27 (1905–2023) NC 26 (1975–2020) KS 26 (1927–2024) MA 23 (1975–2024) VA 21 (1981–2026) NM 19 (1974–2024) WI 19 (1974–2025) AZ 18 (1957–2023) OK 17 (1954–2025) MN 16 (1968–2016) CO 16 (1964–2025) TN 16 (1958–2021) DC 15 (1958–2016) UT 15 (1938–2021) IA 15 (1963–2026) NE 12 (1897–2026) VT 12 (1987–2023) MT 11 (2003–2022) ID 11 (1951–2024) WY 11 (1989–2024) NV 9 (1968–2018) OR 9 (1978–2015) ND 9 (1986–2019) SD 8 (1984–2020) ME 8 (1953–2023) DE 8 (1986–2025) HI 7 (1974–2025) AK 6 (1980–2016) RI 6 (1971–2016) SC 5 (1995–2025) VI 4 (1981–2025) NH 4 (1957–2022) PR 2 (1963–1963)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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