Kelley v. John’s Empirical Analysis
1956
Citation profile
2 district · 52 state decisions
How this case has been cited
Cited by 58 later decisions (2 by the Supreme Court) — most recently April 2025 · most notably City of Eastlake v. Forest City Enterprises, Inc. (1976), Donnelly v. City of Fairview Park (1968)
2 district · 52 state decisions — followed in 15 states
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 Hurst v. City of Burlingame · 36 Cal. 2d 125 - Simpson v. Hite · State ex rel. Nelson v. Butler · Monahan v. Funk · 29 Cal. App. 2d 565 - Burdick v. City of San Diego
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The uniformity required in the proper administration of a zoning ordinance could be wholly destroyed by referendum. A single decision by the electors by referendum could well destroy the very purpose of zoning where such decision was in conflict with the general scheme fixing the uses of property in designated areas .... It would permit the electors by referendum to change, delay, and defeat the real purposes of the comprehensive zoning ordinance by creating the chaotic situation such ordinance was designed to prevent. We are cognizant that both Spillane and Leonard involved referenda. Nevertheless, we agree with the reasoning and statements made by the respective courts as applied to the process of zoning by initiative.”
3 later decisions quote this exact passage“* * * If its action may be nullified by a referendum, then the comprehensive master plan becomes a nullity and every change of classification of property made by the city council will be subject to the whims of the electors without regard to the master plan. * * *”
1 later decision quote this exact passage““* * * The crucial test for determining that which is legislative from that which is administrative or executive is whether the action taken was one making a law, or executing or administering a law already in existence.””
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.