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Wambat Realty Corp. v. State

Citation: 7 ELR 20363
No. No. 107, 393 N.Y.S.2d 949/362 N.E.2d 581/41 N.Y.2d 490, (N.Y., 03/31/1977) Aff'd

The New York Court of Appeals affirms a trial court's judgment declaring the Adirondack Park Agency Act valid and rejecting a developer's claim that the Act violates the home rule protection afforded local governments by article IX of the New York Constitution. Although the Act encroaches upon the zoning and planning powers of local governments, the subject matter of the legislation is preservation of the natural resources of the Adirondack Park region, a matter of state concern. The Act therefore fits within the exception in the home rule article for statutes relating to "other than the property, affairs or government of a local government." This exception is largely repeated in the Statute of Local Governments, and a requirement in that statute for double enactment of measures encroaching upon local powers is likewise inapplicable because matters of state concern are involved.

Counsel for Plaintiff-Appellant
Bradford H. Brinton
12-A Front St., Keeseville NY 12944
(518) 834-7900

Counsel for Defendants-Respondents
Louis J. Lefkowitz, Attorney General; Murray Susswein, Ruth Kessler Toch, Stanley Fishman, Ass't Attorneys General
The Capitol, Albany NY 12224
(518) 474-2121