177 W. Va. 44 - Perdue v. Ferguson’s Empirical Analysis
1986
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently June 2018
12 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
Applies 33 U.S.C. § 701C
Relies on Hadacheck v. Sebastian · New Orleans Water Works Co v. City of New Orleans · Coal & Coke Ry. Co. v. Conley · 175 W. Va. 434 - Hechler v. Casey · 146 W. Va. 22 - Farley v. Graney
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A municipal council or other governing body of a municipality, when acting or attempting to act in a legislative capacity, upon a subject within the scope of its powers, is entitled to the same immunity from judicial interference with the exercise of legislative discretion as is the state legislature. See, e.g., Hackney v. City of Guthrie, 171 Okla. 320, 322 , 41 P.2d 705, 707 (1935). A court of equity normally may not, therefore, enjoin a municipal legislative body from exercising legislative powers by enacting a municipal ordinance.”
1 later decision quote this exact passage“' “A writ of prohibition shall lie as a matter of right in all cases of usurpation and abuse of power, when the inferior court has not jurisdiction of the subject matter in controversy, or, having such jurisdiction exceeds its legitimate powers.” Syl. pt. 1, State ex rel. UMWA International Union v. Maynard, [176] W.Va. [131], 342 S.E.2d 96 (1985).’ Syl. pt. 4, State ex rel. Ayers v. Cline, [176] W.Va. [123], 342 S.E.2d 89 (1985).” 5 . The full text of the title to House Bill 2778 reads:”
1 later decision quote this exact passage“‘Injunctive relief, like other equitable or extraordinary relief, is inappropriate when there is an adequate remedy at law.’ Hechler v. Casey, 175 W.Va. 434, 440 , 333 S.E.2d 799, 805 (1985), and the cases cited therein.”
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.