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8 Arizona opinions name it 2 courts 1972–2024 1 in the last five years
The cases below were cited by Arizona 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 |
|---|---|---|
Larue v. Kosichgreen2 sentences2008Relying on LaRue v. Kosich, 66 Ariz. 299, 304-05 , 187 P.2d 642, 645-46 (1947), the trial court ruled that Pouliot “had the burden of proving that the use was not with the implied permission of [the owner].” The court recognized, however, that an earlier supreme court ease, Gusheroski v. Lewis, 64 Ariz. 192 , 167 P.2d 390 (1946), had adopted the opposite presumption. 2008Relying on LaRue v. Kosich, 66 Ariz. 299, 304-05 , 187 P.2d 642, 645-46 (1947), the trial court ruled that Pouliot “had the burden of proving that the use was not with the implied permission of [the owner].” The court recognized, however, that an earlier supreme court ease, Gusheroski v. Lewis, 64 Ariz. 192 , 167 P.2d 390 (1946), had adopted the opposite presumption. | 2 | 2 |
Glantz v. Gabelgreen2 sentences1996It does say, based on a California decision, Clarke v. Clarke, 133 Cal. 667 , 66 P. 10 (1901), that the mere use of an easement is not presumed to be hostile, but then, paradoxically, the decision goes on to approve the opposite rule which is found in a Montana case, Glantz v. Gabel, 66 Mont. 134 , 212 P. 858, 860 (1923): “Where the claimant has shown an open, visible, continuous, and unmolested use of the land of another for the period of time sufficient to acquire title by adverse possession, the use will be presumed to be under a claim of right, and not by license *161 of the owner. 1996It does say, based on a California decision, Clarke v. Clarke, 133 Cal. 667 , 66 P. 10 (1901), that the mere use of an easement is not presumed to be hostile, but then, paradoxically, the decision goes on to approve the opposite rule which is found in a Montana case, Glantz v. Gabel, 66 Mont. 134 , 212 P. 858, 860 (1923): “Where the claimant has shown an open, visible, continuous, and unmolested use of the land of another for the period of time sufficient to acquire title by adverse possession, the use will be presumed to be under a claim of right, and not by license *161 of the owner. | 1 | 1 |
Henderson v. Morgangreen2 sentences1977Rather, in the penultimate paragraph of the prevailing opinion, it appears that the opposite presumption is normally to be indulged. 426 U.S. at 645-646 , 96 S.Ct. at 2258 , 49 L.Ed.2d at 115, 116 . 1977Rather, in the penultimate paragraph of the prevailing opinion, it appears that the opposite presumption is normally to be indulged. 426 U.S. at 645-646 , 96 S.Ct. at 2258 , 49 L.Ed.2d at 115, 116 . | 1 | 1 |
Larson v. Fetherstongreen2 sentences1972See Larson v. Fetherston, 44 Wis.2d 712 , 172 N.W.2d 20 (1969); Jones Press, Inc. v. Motor Travel Service, Inc., 286 Minn. 205 , 176 N.W.2d 87 (1970); Randone v. Appellate Department of Superior Court, 5 Cal.3d 536 , 96 Cal. Rptr. 709 , 488 P.2d 13 (1971). 1972See Larson v. Fetherston, 44 Wis.2d 712 , 172 N.W.2d 20 (1969); Jones Press, Inc. v. Motor Travel Service, Inc., 286 Minn. 205 , 176 N.W.2d 87 (1970); Randone v. Appellate Department of Superior Court, 5 Cal.3d 536 , 96 Cal. Rptr. 709 , 488 P.2d 13 (1971). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Troxel v. Granville
green
2 sentences2024Id. at 69 . ¶35 Two, the trial court applied the opposite presumption. 2001According to the plurality decision, the Washington trial court not only had failed to recognize a presumption that favored the mother’s determination, but also had applied an opposite presumption by placing on her, “the fit custodial parent, the burden of disproving that visitation would be in the best interest of her daughters.” Id. at 69 , 120 S.Ct. at 2062 , 147 L.Ed.2d at 59 . | 2 | 2001–2024 |
Gusheroski v. Lewis
green
2 sentences2008Relying on LaRue v. Kosich, 66 Ariz. 299, 304-05 , 187 P.2d 642, 645-46 (1947), the trial court ruled that Pouliot “had the burden of proving that the use was not with the implied permission of [the owner].” The court recognized, however, that an earlier supreme court ease, Gusheroski v. Lewis, 64 Ariz. 192 , 167 P.2d 390 (1946), had adopted the opposite presumption. 2008Relying on LaRue v. Kosich, 66 Ariz. 299, 304-05 , 187 P.2d 642, 645-46 (1947), the trial court ruled that Pouliot “had the burden of proving that the use was not with the implied permission of [the owner].” The court recognized, however, that an earlier supreme court ease, Gusheroski v. Lewis, 64 Ariz. 192 , 167 P.2d 390 (1946), had adopted the opposite presumption. | 2 | 2008–2008 |
Clarke v. Clarke
green
2 sentences1996It does say, based on a California decision, Clarke v. Clarke, 133 Cal. 667 , 66 P. 10 (1901), that the mere use of an easement is not presumed to be hostile, but then, paradoxically, the decision goes on to approve the opposite rule which is found in a Montana case, Glantz v. Gabel, 66 Mont. 134 , 212 P. 858, 860 (1923): “Where the claimant has shown an open, visible, continuous, and unmolested use of the land of another for the period of time sufficient to acquire title by adverse possession, the use will be presumed to be under a claim of right, and not by license *161 of the owner. 1996It does say, based on a California decision, Clarke v. Clarke, 133 Cal. 667 , 66 P. 10 (1901), that the mere use of an easement is not presumed to be hostile, but then, paradoxically, the decision goes on to approve the opposite rule which is found in a Montana case, Glantz v. Gabel, 66 Mont. 134 , 212 P. 858, 860 (1923): “Where the claimant has shown an open, visible, continuous, and unmolested use of the land of another for the period of time sufficient to acquire title by adverse possession, the use will be presumed to be under a claim of right, and not by license *161 of the owner. | 1 | 1996–1996 |
Lorenz v. Royer
green
2 sentences1976It would amount to a tacit admission, at least, that our own decrees in similar situations are of no effect beyond our boundary lines.” 105 Ariz. at 241 , 462 P.2d at 790 , quoting Ex Parte Lorenz, 194 Or. 355 , 241 P.2d 142 (1952). 1976It would amount to a tacit admission, at least, that our own decrees in similar situations are of no effect beyond our boundary lines.” 105 Ariz. at 241 , 462 P.2d at 790 , quoting Ex Parte Lorenz, 194 Or. 355 , 241 P.2d 142 (1952). | 1 | 1976–1976 |
Johnson v. Johnson
green
2 sentences1976It would amount to a tacit admission, at least, that our own decrees in similar situations are of no effect beyond our boundary lines.” 105 Ariz. at 241 , 462 P.2d at 790 , quoting Ex Parte Lorenz, 194 Or. 355 , 241 P.2d 142 (1952). 1976It would amount to a tacit admission, at least, that our own decrees in similar situations are of no effect beyond our boundary lines.” 105 Ariz. at 241 , 462 P.2d at 790 , quoting Ex Parte Lorenz, 194 Or. 355 , 241 P.2d 142 (1952). | 1 | 1976–1976 |
Randone v. Appellate Department
green
2 sentences1972See Larson v. Fetherston, 44 Wis.2d 712 , 172 N.W.2d 20 (1969); Jones Press, Inc. v. Motor Travel Service, Inc., 286 Minn. 205 , 176 N.W.2d 87 (1970); Randone v. Appellate Department of Superior Court, 5 Cal.3d 536 , 96 Cal. Rptr. 709 , 488 P.2d 13 (1971). 1972See Larson v. Fetherston, 44 Wis.2d 712 , 172 N.W.2d 20 (1969); Jones Press, Inc. v. Motor Travel Service, Inc., 286 Minn. 205 , 176 N.W.2d 87 (1970); Randone v. Appellate Department of Superior Court, 5 Cal.3d 536 , 96 Cal. Rptr. 709 , 488 P.2d 13 (1971). | 1 | 1972–1972 |
Jones Press, Inc. v. Motor Travel Services, Inc.
green
2 sentences1972See Larson v. Fetherston, 44 Wis.2d 712 , 172 N.W.2d 20 (1969); Jones Press, Inc. v. Motor Travel Service, Inc., 286 Minn. 205 , 176 N.W.2d 87 (1970); Randone v. Appellate Department of Superior Court, 5 Cal.3d 536 , 96 Cal. Rptr. 709 , 488 P.2d 13 (1971). 1972See Larson v. Fetherston, 44 Wis.2d 712 , 172 N.W.2d 20 (1969); Jones Press, Inc. v. Motor Travel Service, Inc., 286 Minn. 205 , 176 N.W.2d 87 (1970); Randone v. Appellate Department of Superior Court, 5 Cal.3d 536 , 96 Cal. Rptr. 709 , 488 P.2d 13 (1971). | 1 | 1972–1972 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.