Makeever v. Lyle’s Empirical Analysis
1980
Citation profile
45 state decisions
How this case has been cited
Cited by 45 later decisions — most recently February 2018 · most notably Kaplan v. Boudreaux (1991), Ridgely Condominium Ass'n v. Smyrnioudis (1996)
45 state decisions — followed in 10 states
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 Hidden Harbour Estates, Inc. v. Norman · 81 Cal. App. 3d 688 - Ritchey v. Villa Nueva Condominium Assn. · Grimes v. Moreland · Ryan v. Baptiste
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a horizontal layer of “cubic content space” which is subject to his exclusive control, ... together with an undivided fractional or percentage interest held in common with other unit owners in the “general common elements.” Among other things, the general common elements include the land, the foundations, floors, the exterior walls of each [unit], ceilings and roofs, and in general all that portion of the property other than that which is subject to the exclusive ownership and control of an individual [unit] owner.”
3 later decisions quote this exact passage““the power of the council of co-owners to actually convert the common general elements to the exclusive and private use and control of one of the individual owners constitutes a taking of the other remaining individual owners’ property which must be clearly given by the statutes, declaration of submission or bylaws before its existence will be recognized.” 125 Ariz. at 389 , 609 P.2d at 1089 (emphasis added).”
2 later decisions quote this exact passage“[T]he power ... to actually convert the common general elements to the exclusive and private use and control of one of the individual owners constitutes a taking of the other remaining individual owners’ property.... [I]t is a great step from a delegation of the right to manage one’s interest in the general common elements for common purposes to a grant of the right to dispose of that property interest completely for the sole, exclusive and private use of another.”
1 later decision 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.