Marshall v. Pyramid Development Corp.’s Empirical Analysis
1993
Citation profile
1 federal appellate · 16 state decisions
How this case has been cited
Cited by 18 later decisions — most recently March 2016
1 federal appellate · 16 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 Murphy v. Carron · Trenton Trust Co. v. Western Surety Co. · State Ex Rel. Igoe v. Bradford · Barron v. Barron · Phillips v. Authorized Investors Group, Inc.
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Under the Declaration,] [i]t appears that the only exception to the Board’s authority to assess is for acreage owned by the developer, and if the property is undeveloped and unplatted. The words “not owned by the developer,” apply only to the undeveloped and unplatted land, and the qualifying words are not applicable to the enumerated items of property, i.e., lots, commercial units, multi-family residential units. The section sets out four separate categories and only the last one, acreage, is modified to exempt the developer. If the declarant had intended to exclude itself entirely from assessments on the lots and units owned by it, the declarant had only to make the words not owned by the developer applicable to all categories of property. All property, other than undeveloped and unplatted land, under the plain reading of the section, is subject to the Board’s control to assess. This sole exception lends support to the petitioner’s position that the other property designated Class A and B is assessable by the Board.”
1 later decision quote this exact passage“Paragraph 3 of the indenture governs the assessments. This paragraph gives the trustees authority to levy assessments against “the respective lots in the subdivision.” No lots are exempted and there is no reason for us to read in an exemption. ... Had defendant in tended to exempt itself from assessment, it could have easily used explicit language to reflect that intention. Indeed, it is apparent that defendant realized it had the power to do so. In paragraph 4 of the indenture, the trustees are authorized “to make a charge (except to Grantor) for benefit of subdivision for permits they may grant to extend water or sewer mains.... ” By this provision, defendant — the grantor — clearly exempted itself from the noted charges. Defendant could have been equally precise in paragraph 3 had it intended to exempt itself from assessment. It did not do so. The language of paragraph 3 is unambiguous. Thus, all lots in the subdivision, including defendant’s lots, are subject to assessment.”
1 later decision quote this exact passage“The cardinal principal for contract interpretation is to ascertain the intention of the parties and to give effect to that intent ... in order to determine the intent of the parties, it is often necessary to consider not only the contract between the parties, but the subsidiary agreements, the relationship of the parties, the subject matter of the contract, the facts and circumstances surrounding the execution of the contract, the practical construction the parties themselves have placed on the contract by their acts and deeds, and other external circumstances that east light on intent of the parties.”
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.