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TOPS MKTS. v. COUNTY OF ERIE

156 Misc.2d 49 (1992)

591 N.Y.S.2d 694

Tops Markets, Inc., et al., Plaintiffs, v. County of Erie, Defendant. (Action No. 1.) New York State Food Merchants Association, Inc., et al., Plaintiffs, v. County of Erie, Defendant. (Action No. 2.) Coca-Cola Bottling Company of Buffalo, Inc., et al., Plaintiffs, v. County of Erie, Defendant. (Action No. 3.)

Supreme Court, Erie County.

November 13, 1992

Attorney(s) appearing for the Case

Albrecht, Maguire, Heffern & Gregg, P. C. (John M. Curran of counsel), for plaintiffs in action No. 1. Phillips, Lytle, Hitchcock, Blaine & Huber (Richard F. Griffin of counsel), for plaintiffs in action Nos. 2 and 3. Patrick H. NeMoyer, County Attorney of Erie County (Richard J. Schechter of counsel), for defendant. Robert Abrams, Attorney-General (Rachel Kretser of counsel), for State of New York, amicus curiae. Allen, Lippes & Shonn (Pamela L. Neubeck of counsel), for NYPIRG and others, amici curiae.

JOSEPH D. MINTZ, J.

Plaintiffs moved for summary judgment in all three actions for declaratory judgment that Local Laws 1991, No. 5 of Erie County (hereinafter County Law) is unconstitutional under the United States and New York Constitutions. Defendant did not cross-move for summary judgment; however, defendant did not assert that any factual issue exists in these actions, and asserted that the County Law was...

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