Bayview-Lofberg's, Inc. v. City of Milwaukee’s Empirical Analysis

Citation profile

6 federal appellate · 2 district · 1 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it. Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972). This means an entitlement [to the property] that stands or falls on the application of rules to facts. To the extent a request appeals to discretion rather than rules, there is no property.... Viewed functionally, property is what is securely and durably yours under law, as distinct from what you hold subject to so many conditions as to make your interest meager, transitory, or uncertain.””

   1 later decision quote this exact passage · from the majority
   e.g. Jones v. Delaney

2. “To the extent a request appeals to discretion rather than rules, there is no property-”

   1 later decision quote this exact passage · from the majority
   e.g. 742 F. Supp. 458 - Cohen v. City of Des Plaines