Sullivan v. Marcello’s Empirical Analysis
1965
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently January 2001 · most notably Nasco, Inc. v. Director of Public Works (1976), E & J Inc. v. Redevelopment Ag. of Woonsocket (1979)
34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 23 Cal. 2d 390 - People v. Ricciardi · 54 Cal. 2d 217 - People v. Ayon · State v. Thelberg · Kane v. Metropolitan El. Railroad · North Carolina State Highway & Public Works Commission v. Black
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[i]n short, in cases like this if compensation is to be just it must be measured by what the condemnor can do and not by what he intends to do, it being the rule that the damages are to be assessed on the most injurious method of construction that is reasonably possible. North Carolina State Highway etc. Comm’n v. Black, 239 N.C. 198 , [ 79 S.E.2d 778 ]; 2 Lewis, Eminent Domain (3d ed.) § 713, pp. 1249-50. If as of the time of condemnation the condemnor has the power, even though not the intention, to destroy a right of access, the condemnee’s damages are to be determined as if the right were destroyed.” (Emphasis added.) Sullivan v. Marcello, 100 R.I. 241, 254 , 214 A.2d 181, 188 (1965).”
2 later decisions quote this exact passage““In short, in cases like this if compensation is to be just it must be measured by what the condemnor can do and not by what he intends to do, it being the rule that the damages are to be assessed on the most injurious method of construction that is reasonably possible. * * * If as of the time of condemnation the condemnor has the power, even though not the intention, to destroy a right of access, the condemnee’s damages are to be determined as if the right were destroyed. To give a condemnee less would be to deny him the right guaranteed to him by the constitution.””
2 later decisions quote this exact passage““[W]e turn to the condemnation instruments for it is within their four corners, and only there, that we can ascertain what was acquired and other than as provided by statute what, if any, limitations or restrictions on the use thereof were assumed.” (Emphasis added.)”
2 later decisions 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.