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Town of Scarsdale v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1993
192 A.D.2d 517 (N.Y. App. Div. 1993)

Opinion

April 5, 1993

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the judgment is reversed, on the law, without costs or disbursements, and it is declared that Local Laws, 1991, No. 8 of the County of Westchester is unconstitutional.

The trial court correctly ruled that the Town of Scarsdale lacks standing to challenge the County's reapportionment plan on the ground that it divided Town of Scarsdale between two voting districts (see, Mirrione v Anderson, 717 F.2d 743, cert denied 465 U.S. 1036; see also, Society of Plastics Indus. v County of Suffolk, 77 N.Y.2d 761). However, the intervenors could properly bring this action in their capacity as individuals. In any event, due to the fact that the local law in question has been found to be unconstitutional for reasons stated in a companion case to this appeal, we need not reach the parties' present contentions (see, Chonigman v County of Westchester, 192 A.D.2d 499 [decided herewith]). Thompson, J.P., Bracken, Sullivan and Balletta, JJ., concur.


Summaries of

Town of Scarsdale v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1993
192 A.D.2d 517 (N.Y. App. Div. 1993)
Case details for

Town of Scarsdale v. County of Westchester

Case Details

Full title:TOWN OF SCARSDALE, Appellant, v. COUNTY OF WESTCHESTER et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 1993

Citations

192 A.D.2d 517 (N.Y. App. Div. 1993)
595 N.Y.S.2d 811

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