Benner v. Tribbitt’s Empirical Analysis
1948
Citation profile
2 district · 82 state decisions
How this case has been cited
Cited by 86 later decisions (2 by the Supreme Court) — most recently August 2023 · most notably City of Eastlake v. Forest City Enterprises, Inc. (1976), Board of County Commissioners v. Stephans (1980)
2 district · 82 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 Standard Oil Company of New Jersey v. United States · Ala Schechter Poultry Corporation v. United States · United States v. Trans-Missouri Freight Ass'n · Eubank v. City of Richmond · Mayor of Baltimore v. Biermann
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"On purely public or political questions regarding exercise of the police power, e.g., regulation or prohibition of liquor traffic or race-track betting or passage of a general building, traffic or zoning laws, legislators may follow the wishes of their constituents. Such action is not subject to judicial review. But in restricting individual rights by exercise of the police power neither a municipal corporation nor the state legislature itself can deprive an individual of property rights by a plebiscite of neighbors or for their benefit. ... there is a wide difference between exercise of the police power in accordance with a comprehensive zoning plan, which imposes mutual restrictions and confers mutual benefits on property owners, and arbitrary permission to A and prohibition to B to use their own property, at the pleasure of neighbors or at the whim of legislative or administrative agencies.” (Citations omitted.)”
4 later decisions quote this exact passage · from the majority“There is no magic in the word “zoning”, but there is a wide difference between exercise of the police power in accordance with a comprehensive zoning plan, which imposes mutual restrictions and confers mutual benefits on property owners, and arbitrary permission to A and prohibition to B to use their own property, at the pleasure of neighbors or at the whim of legislative or administrative agencies. [Id. at 20.]”
1 later decision quote this exact passage · from the majority“reasonably necessary for the adequate protection of the public welfare, safety, health, comfort, or morals.”
1 later decision quote this exact passage · from the majority
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.