Queenside Hills Realty Co. v. Saxl’s Empirical Analysis

Citation profile

38 federal appellate · 18 district · 154 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 272 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Municipal governments are not required to gamble against public health risks. To protect the public health, as well as to promote public safety, a legislative body may adopt 'the most conservative course which science and engineering offer.'”

   10 later decisions quote this exact passage · from the majority
   e.g. Margot Stevens Morrow Douglas Morrow v. City of Glendale · Kaufman v. City of New York

2. ““In 1940 appellant constructed a four story building on the Bowery in New York City and since that time has operated it as a lodging house. It was constructed so as to comply with all the laws applicable to such lodging houses and in force at that time. New York amended its Multiple Dwelling Law in 1944, providing inter alia, that lodging houses ‘of non-fireproof construction existing prior to the enactment of this subdivision’ should comply with certain new requirements. Among these was the installation of an automatic wet pipe sprinkler system. Appellant received notice to comply with the new requirements and thereupon instituted this suit in the New York courts for a declaratory judgment holding these provisions of the 1944 law unconstitutional and restraining their enforcement.”

   1 later decision quote this exact passage · from the majority
   e.g. City of South Euclid v. Ostendorf-Morris Co.

3. ““But so long as that class [which is more favorably treated] is not in existence, no showing of lack of equal protection can possibly be made. For under those circumstances the burden which is on one who challenges the constitutionality of a law could not be satisfied. [Citation.] The legislature is entitled to hit the evil that exists. [Citations.] It need not take account of new and hypothetical inequalities that may come into existence as time passes or as conditions change * * * [L]ack of equal protection is found in the actual existence of an invidious discrimination [citations], not in the mere possibility that there will be like or similar cases which will be treated more leniently.””

   1 later decision quote this exact passage · from the majority
   e.g. 48 Ill. App. 3d 784 - Springfield Sanitary District v. Pollution Control Board