IANNUCCI v. BD. OF SUPERVISORS


20 N.Y.2d 244 (1967)

Jerry Iannucci et al., Respondents, v. Board of Supervisors of the County of Washington, Appellant, and State of New York, Respondent. Saratogian, Inc., et al., Respondents, v. Board of Supervisors of the County of Saratoga, Appellant; State of New York et al., Respondents, and Harry D. Snyder, Jr., as Supervisor of the City of Saratoga Springs, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1967.


Attorney(s) appearing for the Case

Julian V. D. Orton, County Attorney, for appellant in the first above-entitled action.

Harold R. Moore, Jr., for Jerry Iannucci and another, respondents in the first above-entitled action.

Louis J. Lefkowitz, Attorney-General (Robert W. Imrie, Ruth Kessler Toch and Herbert H. Smith of counsel), for State of New York, respondent.

Edward A. Tracy, County Attorney, for appellant in the second above-entitled action.

William L. Ford for Saratogian, Inc., and another, respondents in the second above-entitled action.

David A. Wait for Common Council of the City of Saratoga Springs, respondent in the second above-entitled action.

Harry D. Snyder, Jr., intervenor-respondent in person.

John F. Banzhaf III, amicus curiæ.

Richard C. Cahn for Towns of Huntington, Babylon, Brookhaven, Islip and Smithtown, New York, amici curiæ.

Judges SCILIPPI, BERGAN and KEATING concur with Chief Judge FULD; Judge BREITEL dissents and votes to reverse in an opinion in which Judges VAN VOORHIS and BURKE concur.


Chief Judge FULD.

In these two reapportionment cases, the courts below have struck down as unconstitutional the weighted voting plans which had been proposed to correct the conceded malapportionment of the Boards of Supervisors of Washington and Saratoga Counties.

In the Washington County case, the plaintiffs are residents, taxpayers and property owners of the...

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