Dunlap v. Beaty’s Empirical Analysis
1961
Citation profile
14 state decisions
How this case has been cited
Cited by 20 later decisions — most recently June 2010
14 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
Relies on Price v. Anderson · Booker v. Old Dominion Land Co. · EDWARDS v. Surratt · Fidelity Title & Trust Co. v. Lomas and Nettleton Co. · Martin v. CANTRELL
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The earlier decisions rather uniformly held that changed conditions could be invoked only as a defense to ■an action to enforce a restriction by injunction and not as a ground for affirmative relief against such restriction prior to the breach thereof. The theory underlying this view is that contractual obligations do not disappear as circumstances change. However, the great weight of modern authority is that in an action under the declaratory judgment statute or one to remove cloud on title, affirmative relief may be granted against a restrictive covenant where there is such a change in the character of the neighborhood as to ■render the enforcement of the covenant valueless to the covenantee and oppressive and unreasonable as to the covenantor”. (Italics supplied).”
1 later decision quote this exact passagee.g. Jones v. Eilenstine
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.