Heltman v. Catanach’s Empirical Analysis
2009
Citation profile
15
cited by 15 later decisions
2
states following
March 2018
most recently cited
15 state decisions
Relationships
Relies on Lee v. Lee · Matter of Adoption of Doe · 354 Ill. App. 3d 1029 - Sadler v. Creekmur · White v. Lewis · Jones v. Schoellkopf
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where a provision [in a restrictive covenant] provides that a covenant shall remain in effect for an initial period, after which it may be modified by less than unanimous consent, courts have interpreted these provisions to simply provide an exception, after a certain number of years, to the general rule that unanimity is required in order to amend a restrictive covenant.”
2 later decisions quote this exact passage“First, when the language of a restrictive covenant is unclear or is subject to ambiguity, then the covenant will be resolved in favor of the free enjoyment of the property and against the restriction. Second, restrictions on land use will not be read into covenants by implication lest the free alienability of property be frustrated. Third, restrictive covenants must be considered reasonably, though strictly, so that illogical, unnatural or strained construction will not be effected. [Fjourth, words in a restrictive covenant must be given their ordinary and intended meaning.”
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.