GENERAL DEV. UTIL., INC. v. Hawkins’s Empirical Analysis
1978
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently March 2019
6 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 356 So. 2d 254 - Citizens of Florida v. Hawkins · 322 So. 2d 30 - Gulf Oil Company v. Bevis
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We have insurmountable difficulties, however, in sustaining the commission’s choice of an equity/debt ratio. The commission selected a ratio which nowhere appears in the record, apparently fabricating one for the company based on information it has compiled from water companies generally. The arbitrary selection of this ratio as a “fact” comes from outside the record of the proceeding and plainly violates the notions of agency due process which are embodied in the Administrative Procedure Act. See Section 120.59(2), Florida Statutes (1975), which directs that findings of fact shall be explained by reference to “facts of record”; Section 120.57(1) (b)7, which states that findings of fact “shall be based exclusively on the evidence of record and on matters officially recognized”; and Section 120.61, which contemplates notice of matters to be officially recognized and the opportunity to contest them. We conclude that the commission’s decision on petitioner’s equity/debt ratio is outside its range of delegated discretion, and remand this case to the commission for further proceedings on that issue. The commission is not obliged to accept either the company’s suggested hypothetical or its actual equity/debt ratio if there are valid reasons for. rejecting them, but it is required to allow the company to know in advance and to challenge the data on which it chooses to rely.”
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.