Perez v. Webb’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even though the constitutionality of a statute or ordinance is included within the permissible scope of judicial inquiry upon review of administrative decisions under Section 536.140(2)(1) RSMo 1969, quoted above, it is beyond the scope of logic and does violence to the existing and binding rules with reference to pleading and preservation of constitutional points, to hold that in such judicial review a court (the Circuit Court in this instance) is required to (or would be within its historical function, if it did) search, sua sponte, for constitutional infirmities not put forward by the parties. Not only would such a rule impose an onerous and unnecessary task upon the judicial review tribunal — one in which the parties evidenced no interest — but, if it was concluded that such constitutional problem existed, the court would, sua sponte, then have to decide if such problem was one of construction or application to test its own jurisdiction. Such foolish and useless intent will not be ascribed by this court to the legislative intent implicit in the enactment of Section 536.140(2)(1) RSMo 1969. City of Joplin v. Joplin Water Works, 386 S.W.2d 369, 373-374 [5-7] (Mo.1965). The constitutional considerations upon which this case was ruled in the court below were foreign to the matter before it, should not have been considered, and were, therefore, not decisive.”

   2 later decisions quote this exact passage
   e.g. Bezayiff v. City of St. Louis · Ross v. Robb

2. “Thus, in City of St. Louis v. Butler Co., 358 Mo. 1221 , 219 S.W.2d 372, 380 [10] (banc 1949), the rules are stated: “To invoke our jurisdiction on the ground a constitutional question is involved a party must follow four requirements. 1. He must raise the constitutional question at his first available opportunity; 2. he must designate specifically the constitutional provision claimed to have been violated, such as by explicit reference to the Article and Section or by quotation of the provision itself; 3. he must state the facts showing such violation; 4. he must preserve the constitutional question throughout for appellate review.” (Emp. sup.)”

   1 later decision quote this exact passage
   e.g. Ross v. Robb

3. ““... the actions and decisions of the Board of Impeachment and City Council were in violation of the Due Process and Equal Protection Clauses of the Constitution of the United States (U.S.C.A. Const. Amnd. 5, 14), in excess of the statutory authority and jurisdiction of said Boards, not supported by competent and substantial evidence upon the record as a whole, unauthorized by law, against the weight of the evidence, arbitrary, capricious, unreasonable, based upon unlawful procedure, made without a fiar (sic) trial, involved an abuse of discretion, against the weight of the evidence and did not constitute grounds for impeachment ...””

   1 later decision quote this exact passage
   e.g. Fitzgerald v. City of Maryland Heights