Schwartz v. Dey’s Empirical Analysis
1984
Citation profile
2 federal appellate · 11 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 2011
2 federal appellate · 11 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 Mullane v. Central Hanover Bank & Trust Co. · Mennonite Board of Missions v. Adams · Schroeder v. City of New York · Walker v. City of Hutchinson · Greene v. Lindsey
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“suggest that when the party seeking to affect a property interest is itself on notice of the failure of mailed notice to inform an interested party, the party must take further action to determine a more accurate address or otherwise ensure receipt of meaningful notice.”
2 later decisions quote this exact passage“The record before the Court, however, does not indicate the means at the Collector’s disposal by which he could conceivably have obtained the Schwartzes’ actual address; the trial court granted dismissal in favor of the Deys before such evidence could be adduced. Under Mullane and Mennonite, supra, the facts of this case raise justiciable constitutional questions concerning the duty to afford a non-resident owner meaningful notice. It can no longer be said that a property owner’s duty to supervise his property interest in all cases outweighs the duty of a taxing authority to provide him with constitutionally sufficient notice. See Comment, The Constitutionality of Notice by Publication in Tax Sale Proceedings, 84 Yale L.J. 1505 , 1515-16 (1975). The posture of this case demonstrates that the parties should be afforded the opportunity to develop a record upon which a court could assess the means available to the Collector in balance with the duties imposed by due process.”
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.