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← 426 SW2D 480 - Flowers v. August

Flowers v. August’s Empirical Analysis

1968

Citation profile

3
cited by 3 later decisions
3
states following
April 2010
most recently cited

3 state decisions

Relationships

Relies on MacY v. Wormald · McMahan v. Hunsinger · McFarland v. Hanley · Dartmouth-Willow Terrace, Inc. v. MacLean

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.

  1. ““It seems clear that the rule announced in Macy v. Wormald, Ky., 329 S.W.2d 212 , would preclude construction of duplex apartments in face of Restriction 8 [the “only one residence” restriction], unless that restriction has been deleted by agreement of all the lot owners in the subdivision. In Macy a restriction provided: ‘Said lots shall be used only for residence purposes, and only one residence shall be erected upon each lot * * There we held that ‘only one residence’ means exactly what it says and cannot be enlarged to mean four residences. McMahan v. Hunsinger, Ky., 375 S.W.2d 820 , recognized that a restriction to ‘residence’ purposes, standing alone, does not prohibit multiple dwellings but that a different rule obtains when the modifying term ‘a,’ ‘one,’ or ‘a single’ is prefixed to the word ‘residence.’” [Emphasis added.] 426 S.W.2d 480 at 481 .”
    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.