34 Ill. 2d 495 - Droste v. Kerner’s Empirical Analysis
1966
Citation profile
3 federal appellate · 157 state decisions
How this case has been cited
Cited by 164 later decisions — most recently July 2023 · most notably 135 Ill. 2d 384 - People v. Gersch (1990), 66 Ill. 2d 136 - Franzese v. Trinko (1977)
3 federal appellate · 157 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 Dombrowski v. Pfister · Illinois Central Railroad v. Illinois · Illinois Cent Co v. State of Illinois City of Chicago · Fergus v. Russel · 19 Ill. 2d 342 - Western National Bank v. Village of Kildeer
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 164 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Courts have no legislative powers, and their sole function is to determine and, within the constitutional limits of the legislative power, give effect to the intention of the lawmaking body. We will not and cannot inject provisions not found in a statute, however desirable or beneficial they may be. [Citations.]””
3 later decisions quote this exact passage · from the majority““But it is a title different in character from that which the State holds in lands intended for sale. *** It is a title held in trust for the people of the State that they may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing therein freed from the obstruction or interference of private parties. The interest of the people in the navigation of the waters and in commerce over them may be improved in many instances by the erection of wharves, docks and piers therein, for which purpose the State may grant parcels of the submerged lands; and, so long as their disposition is made for such purpose, no valid objections can be made to the grants. It is grants of parcels of lands under navigable waters, that may afford foundation for wharves, piers, docks and other structures in aid of commerce, and grants of parcels which, being occupied, do not substantially impair the public interest in the lands and water remaining, that are chiefly considered and sustained in the adjudged cases as a valid exercise of legislative power consistently with the trust to the public upon which such lands are held by the State. But that is a very different doctrine from the one which would sanction the abdication of the general control of the State over lands under the navigable waters of an entire harbor or bay, or of a sea or lake. Such abdication is not consistent with the exercise of that trust which requires the government of the State to preserve such water”
1 later decision quote this exact passage · from the majority““The taxpayers right to sue does not, however, depend upon any injury to his property. Indeed, he need not be an owner of real property. His right to sue is grounded upon his status as a taxpayer, as it is his equitable interest, as a taxpayer, in the public property which is being illegally disposed of that determined his standing to maintain the action.” Droste v. Kerner (1966), 34 Ill.2d 495, 511 , 217 N.E.2d 73 .”
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.