Story v. Walker’s Empirical Analysis

Citation profile

15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Plaintiffs], in their original bill, averred that the [defendants] intended to build, or to have built, a shopping center upon the land in question, owned by [defendants]. [Defendants’] deeds to this land contained the restrictive covenants referred to. However, a zoning ordinance of the City of Johnson City admittedly, at present, prohibits [defendants’] use of this land for anything other than residential purposes. Therefore, what the [Plaintiffs] seek to have the Court declare is the effectiveness of the subdivision restrictions to interdict use of this land for other than residential use, if the zoning ordinance were not in effect. The pertinent ordinance is not only in effect but has been given effect. Since this, in effect, seeks from the Court a declaration of their rights upon a contingency, the case is premature under the previously cited authority. In the case before this Court, a change in the zoning ordinance prohibiting the use which [defendants] allegedly wish to make of these lots, has been refused. [Plaintiffs] here can only ask the Court to determine what use [defendants] could make of the land, if the zoning ordinance presently in effect were not in effect. The trial court’s action in sustaining the [defendants’] plea in abatement was entirely proper.”

   1 later decision quote this exact passage · from the majority
   e.g. Hester v. Music Village U.S.A., Inc.