Burritt v. Harris’s Empirical Analysis

Citation profile

9 state decisions

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The burden is upon the appellant to show reversible error, for the decree of the chancellor comes before this Court clothed with the presumption of correctness. City of Miami v. Hollis, Fla., 77 So.2d 834 . One who assails the validity of a zoning regulation must carry the burden of proving its invalidity, and this burden is an extraordinary one. Blank et al. v. Town of Lake Clarke Shores, Florida, decided by the District Court of Florida, Second District, 161 So.2d 683 , opinion filed February 28, 1964; City of Miami Beach v. Silver, Fla., 67 So.2d 646 . The Zoning board acts in a legislative capacity and the Court in reviewing its action may not substitute its judgment for that of the legislative body. City of Miami Beach v. Ocean & Inland Co., 147 Fla. 480 , 3 So.2d 364 . Legislative intent will be sustained if the validity of the regulation in its application to the property in question is `fairly debatable'. City of Miami Beach v. Wiesen, Fla., 86 So.2d 442 . The regulation is said to be `fairly debatable' when for any reason it is open to dispute or controversy on grounds that make sense or point to a logical deduction that in no way involves its constitutional validity. City of Miami Beach v. Lachman, Fla., 71 So.2d 148 ."”

   1 later decision quote this exact passage
   e.g. 220 So. 2d 22 - Town of North Redington Beach v. Williams

2. ““Because of the common effect on properties coming under the general plan of the zoning ordinance, reduction in values shared by most or all the owners in a locality is not enough, of itself, to render the ordinance confiscatory. On the contrary, if the limitations upon the use of the property are constitutional and applied reasonably and fairly to all, they are valid and the individual hardship and loss must be endured to the end that the greater advantage to the community as a whole is made possible.””

   1 later decision quote this exact passage
   e.g. 235 So. 2d 526 - City of Jacksonville v. Imler