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← 231 La. 36 - McCauley v. Albert E. Briede & Son

McCauley v. Albert E. Briede & Son’s Empirical Analysis

1956

Citation profile

40
cited by 40 later decisions
3
states following
March 2013
most recently cited

40 state decisions

How this case has been cited

Cited by 40 later decisions — most recently March 2013 · most notably 640 So. 2d 237 - City of New Orleans v. Board of Com'rs (1994), Banjavich v. Louisiana Licensing Board for Marine Divers (1959)

40 state decisions

1401956196019701980199020002010decided

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

Relies on State Ex Rel. Dickson v. Harrison · City of Baton Rouge v. Shilg · Bultman Mortuary Service, Inc. v. City of New Orleans · 18 La. App. 336 - Hourgette v. City of Gretna

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

  1. ““ * * * It is recognized, according to McQuillin’s Law of Municipal Corporations, that municipal legislative bodies may reserve to themselves the power to grant or deny licenses or permits, ‘where they do so by an ordinwiice containing a rule or standard to govern them;’ since it is a fundamental rule, fully applicable to zoning ordinances, ‘that an ordinance must establish a standard to operate uniformly and govern its administration and enforcement in all cases, and that an ordinance is invalid where it leaves its interpretation, administration or enforcement to the unbridled or ungoverned discretion, caprice or arbitrary action of the municipal legislative body or of administrative bodies or officials * * *. A zoning ordinance cannot leave the exercise of property rights to the caprice, whim or esthetic sense of a special group of individuals * * (Emphasis in the above, and in following quotations, is supplied.) “The same authority informs us further that ‘zoning ordinances cannot be varied by municipal or zoning boards or officials unless the law authorizes it. Exceptions can be allowed only in particular situations specified in the zoning ordinance. Furthermore, variances or administratively granted exceptions cannot be authorized by such bodies or officials except on grounds established by a zoning statute or ordinance; * * * the fundamental rule that ungoverned and unbridled discretion cannot be vested in either legislative or administrative bodies or officials, or in ”
    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.