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← 368 PA 121 - Lord Appeal

Lord Appeal’s Empirical Analysis

1951

Citation profile

170
cited by 170 later decisions
10
states following
June 2015
most recently cited

170 state decisions

How this case has been cited

Cited by 170 later decisions — most recently June 2015 · most notably Archbishop O'Hara's Appeal (1957), National Land & Investment Co. v. Easttown Township Board of Adjustment (1965)

170 state decisions — followed in 10 states

6301951196019701980199020002010decided

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 Village of Euclid Ohio v. Ambler Realty Co · Pennsylvania Coal Co. v. Mahon · Eubank v. City of Richmond · White's Appeal · St. Louis Poster Advertising Co. v. City of St. Louis

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

  1. “. . . all property is held in subordination to the right of its reasonable regulation by the government clearly necessary to preserve the health, safety or morals (or general welfare) of the people . . . . There is one matter that is quite certain, the power to thus regulate does not extend to an arbitrary, unnecessary or unreasonable intermeddling with the private ownership of property, even though such acts be labeled for the preservation of health, safety, and general welfare . . .”
    4 later decisions quote this exact passage
  2. “'“ ‘It is now well settled that zoning acts and ordinances passed under them are valid and constitutional as structural or general legislation whenever they are necessary for the preservation of public health, safety, morals or general welfare, and not unjustly discriminatory, or arbitrary, or unreasonable, or confiscatory in their application to a particular or specific piece of property.’ ” [Emphasis in original.]”
    4 later decisions quote this exact passage
  3. ““ . . an owner of property is still entitled in Pennsylvania to certain unalienable constitutional rights of liberty and property. These include a right to usé his own home in any way he desires, provided he does not (1) violate any provision of the Federal or State Constitutions; or (2) create a nuisance; or (3) violate any covenant, restriction or easement; or (4) violate any laws or zoning or police regulations which are constitutional. It is now well settled that zoning acts and ordinances passed under them are valid and constitutional as structural or general legislation whenever they are necessary for the preservation of public health, safety, morals or general welfare, and not unjustly discriminatory, or arbitrary, or unreasonable, or confiscatory in their application to a particular or specific piece of property: [citing cases]. “ ‘In White’s Appeal, 287 Pa., supra, . . . The Coürt said (page 285) : ‘. . . all property is held in subordination to the right of its reasonable regulation by the government clearly necessary to preserve the health, safety or morals of the people . . . There is one matter that is quite certain, the power to thus regulate does not extend to án arbitraxy, unnecessary or unreasonable intermeddling with the private ownership of property, even though such acts be labeled for the preservation of health, safety and general welfare. The exercise must have a substantial relation to the public good within the spheres held proper. It must not be from ”
    2 later decisions 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.