Modak-Truran v. Johnson’s Empirical Analysis
2009
Citation profile
5 state decisions
Relationships
Relies on 553 So. 2d 508 - Barnes v. Board of Sup'rs, DeSoto County · Ridgewood Land Co., Inc. v. Simmons · 592 So. 2d 941 - Faircloth v. Lyles · Westminister Presbyterian Church v. City of Jackson · Deliberto v. Hartford Insurance Co.
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Spot zoning has been held to be invalid “when it is primarily for the private interest of the owner of the property affected, and not related to the general plan for the community as a whole.” 2 Yokley, supra § 13-3. In other words, a zoning amendment which favors a particular landowner over adjacent landowners will be viewed as an arbitrary and discriminatory use of zoning authority unless there is “substantial evidence of change in the neighborhood in order to justify the rezoning of a small tract as an amendment in keeping with the comprehensive plan.” Id. at § 13-4.”
1 later decision quote this exact passage“The term 'spot zoning' is ordinarily used where a zoning ordinance is amended reclassifying one or more tracts or lots for a use prohibited by the original zoning ordinance and out of harmony therewith.... The one constant in the cases, as stated by the textwriter, where zoning ordinances have been invalidated due to 'spot zoning' is that they were designed 'to favor' someone.”
1 later decision quote this exact passage“There can be no dispute that the amendment was designed to favor the Inn, and such preferential treatment constitutes illegal spot zoning because the City has not demonstrated “substantial evidence of change in the neighborhood in order to justify the rezoning of a small tract as an amendment in keeping with the comprehensive plan.””
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.