Harms v. Maersk Dutch Sweeden, Ltd.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• although population was reduced from 130 to 30 people, new roads would have provided a benefit; but the court holds that because other facilities are adequate, no need for substitutes exists
• condemnees suggested that substitute facilities need only serve a rational governmental purpose, but the court holds that determination to provide substitute facilities turns on whether there is a legal or factual obligation to provide them
• \must furnish only substitute facilities that are reasonably necessary in the circumstances\
• although population was reduced from 130 to 30 people, new roads would have provided a benefit; but the court holds that because other facilities are adequate, no need for substitutes exists
• condemnees suggested that substitute facilities need only serve a rational governmental purpose, but the court holds that determination to provide substitute facilities turns on whether there is a legal or factual obligation to provide them
• “must furnish only substitute facilities that are reasonably necessary in the circumstances”

Source: CourtListener parenthetical corpus (CC0).