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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.
| Case | Followed | Cited |
|---|---|---|
Varnum v. Briengreen2 sentences2012Given 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 | 2 | 2 |
Albers v. County of Los Angelesgreen1 sentence2022Albers, 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). | 1 | 1 |
Sampson v. Groomsgreen2 sentences2012Mattson, ¶ 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 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kerrigan v. Commissioner of Public Health
green
2 sentences2012Given 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 | 2 | 2012–2012 |
Axtell v. M.S. Consulting
green
2 sentences2008Consulting, 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. | 2 | 2008–2008 |
Minnesota Chamber of Commerce v. Gaertner
green
2 sentences2011Instead, 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. | 1 | 2011–2011 |
Montana Chamber Of Commerce v. Ed Argenbright
green
1 sentence2011Montana 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. | 1 | 2011–2011 |
Flynn v. Uninsured Employers' Fund
neutral
2 sentences2008Flynn 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 . | 1 | 2008–2008 |
Swanson v. Champion International Corp.
green
2 sentences2005Corp. (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. | 1 | 2005–2005 |
Mutual Life Insurance Co. of New York v. Yampol
green
1 sentence2005Co. v. Yampol, 706 F.Supp. 596 (N.D.Ill.1989). | 1 | 2005–2005 |
Stimac v. State
green
2 sentences2003Stimac, 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. | 1 | 2003–2003 |
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.