Jay v. Smith’s Empirical Analysis
1977
Citation profile
3 state decisions
Relationships
Relies on Wakefield v. Kraft · Pattey v. Board of County Commissioners · Town of Somerset v. County Council for Montgomery · Muhly v. County Council · Montgomery v. Board of County Commissioners
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"We are persuaded that the rationale of those cases has no applicability to the subject case. Here, the preamble to ordinance 73-42 makes crystal clear that the haphazard 'changes’ — now urged in sole support of the subject reclassification — were the very events that were declared to be in 'circumvention of the proposed county comprehensive plan’ and had put 'undue pressure on existing public facilities and create problems of an urban nature that may be in conflict with agricultural conservation.’ To permit those antecedent events to serve as a foundation for this reclassification would be to subvert ordinance 73-42 and render its passage a mockery.” 1”
1 later decision quote this exact passage · from the majority“"'Changes which may have occurred prior to the last comprehensive rezoning need not be wholly disregarded when a change from that zoning is under consideration. It may be — as was the case here — that it was a rather close question in the minds of the officials concerned whether a change in the zoning of the land involved should not have been made at the time of the last comprehensive zoning, and additional changes thereafter may bring the zoning status of the land as to which action is sought over the line dividing different zones.’ ” 34 Md. App. 545 .”
1 later decision quote this exact passage · from the majority“"We do not find such a position to be sound under the circumstances of this case. [Emphasis added.] It is true that there are cases in which it has been said that 'changes’ antecedent to the last comprehensive rezoning may be taken into consideration, along with other changes, in the determination whether later piece-meal rezoning lawfully is permissible.””
1 later decision quote this exact passage · from the majority
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.