93 So. 2d 720 - Wahrendorff v. Moore’s Empirical Analysis
1957
Citation profile
23 state decisions
How this case has been cited
Cited by 24 later decisions — most recently August 2011
23 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 Moore v. Stevens · Cornwell v. Sullivan · Allen v. Avondale Co. · Hall v. Snavely · 75 So. 2d 907 - Washingtonian Apartment Hotel Co. v. Schneider
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Appellants allege in their complaint that over the years conditions had so changed that the restrictions had become an unjustifiable burden on the use of their lot. In the meantime, the County Zoning Board has zoned the lot for business uses. To support the alleged changed conditions appellants cite the general development in the area, the tremendously increased traffic on U.S. Highway 1 and the fact that a motel has been constructed in violation of the restrictions in Block 1 of the subdivision. Block 1 is north of the Bird Farm and the motel is in the northwest corner of the Block. * * * * * * "* * * Conditions, reservations and restrictions shown on the face of the recorded plat are notice to subsequent purchasers who accept conveyances based on the plat. 14 Am.Jur., Covenants, Conditions and Restrictions, Sec. 203, p. 615. Although we have never passed upon the point directly, we have in a number of cases construed deeds of conveyance in the light of provisions or reservations shown on the recorded plat of the subdivision involved. Hall v. Snavely, 93 Fla. 664 , 112 So. 551 ; McCorquodale v. Keyton, Fla. 1953, 63 So.2d 906 ; Burnham v. Davis Islands, Inc., Fla. 1956, 87 So.2d 97 . "* * * In a case such as this the mere filing of the plat containing the restrictive covenants does not in and of itself subject the land to the restrictions of the covenants so long as the title to the property remains in the subdivider. However, upon a severance of title by the grant of one o”
3 later decisions quote this exact passage““We come to the second point as to whether there was an adequate showing of changed conditions that would justify cancelling these contractual restrictive covenants. ****** “In such a situation we must give due cognizance to the fact that the Chancellor heard all of the evidence, evaluated the weight thereof, had an opportunity to determine the credibility of witnesses and in the ultimate was in a much better position than this Court to determine the equities on the basis of the evidence presented. We cannot concluded from the showing made that his decision was erroneous.””
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.