Public-domain · open source
OpenJurist
← 324 A.2d 748 - State v. Rush

State v. Rush’s Empirical Analysis

1974

Citation profile

26
cited by 26 later decisions
3
states following
May 2008
most recently cited

26 state decisions

How this case has been cited

Cited by 26 later decisions — most recently May 2008 · most notably State v. Inman (1976), Tisei v. Town of Ogunquit (1985)

26 state decisions

1001974198019902000decided

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 Brown et al. v. Board of Education of Topeka et al. · Griffin v. People of the State of Illinois · San Antonio Independent School District v. Rodriguez · McGowan v. State of Maryland Gallagher · Dunn v. Blumstein

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

  1. “1. The object of the exercise must be to provide for the public welfare. 2. The legislative means employed must be appropriate to the achievement of the ends sought. 3. The manner of exercising the power must not be unduly arbitrary or capricious.”
    7 later decisions quote this exact passage
  2. “This Court is under no obligation, and takes no opportunity, to endorse or criticize the value of specific legislative enactments. We are constrained to examine challenged laws only as to their constitutional validity. The political process and the deliberations of elected representatives are better suited to contend with the complex questions of public policy and competing social interests. We find nothing in the subject ordinance or its enforcement which invades the constitutional rights of the Defendant or exceeds the constitutional authority reposed within the Legislature and statutorily delegated to the municipality. [ 324 A.2d at 757-758 ].”
    1 later decision quote this exact passage
  3. “in zoning matters, an ordinance that is clearly a usurpation of power, inconsistent with constitutional or statutory provisions, or an invasion of property with no relation to the public health, safety, morals, or welfare, is void and incapable of being validated. It can be attacked at any time, regardless of previous acquiescence or the amount of time since its passage. However, defects and irregularities in the mode of enactment of an ordinance do not pertain to the nature of the ordinance itself. In our judgment, challenges to such defects may be precluded by waiver, estoppel, or laches.”
    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.