SCHULZ v. STATE OF N.Y.

No. 93-CV-0497.

955 F.Supp. 159 (1997)

Robert L. SCHULZ, John Salvador, Jr., Gilbert O. Boehm, Charles D. Burge, PhD., Leland D. Ryan, Suzan Diane La Due, Douglas Frederick Watson, Richard Allen Berry, John B. Sibley, Jr., Claude F. Sprowls, Gary L. Williams, and Andrea Vecchio, each and everyone individually and on behalf of All New York Citizen-Resident-Taxpayers who are qualified to vote on school budgets in local school districts where such voting takes place, Except Those Citizen-Resident-Taxpayers Who Are Members of The New York State Teachers Union ("NYSTU"), The Civil Service Employees Association ("CSEA"), or The Parent Teachers Association ("PTA"), Plaintiffs, v. The STATE OF NEW YORK, Mario M. Cuomo, Governor; The New York State Legislature, Ralph Marino, Senate President pro-tem, Saul Weprin, Speaker of The Assembly; New York State Department of Education, Thomas Sobol, Commissioner; The Harrisville Central School District Board of Education and The East Islip Union Free School District Board of Education, individually and as representative of all governing boards or bodies of local public school districts in New York State where the taxpayers of those districts are asked to vote on the annual budget for those school districts; Bonie Sanderson, Individually and as Superintendent of The Harrisville Central School District, Scott Baker, Individually and as President of The Harrisville Central School District Board of Education, and Robert Rice, Jr., Neil Bousman, Marianne Dicob, Ranald Luther, William Mealus and Charles Ripley, Each Individually and as Members of The Harrisville Central School District's Board of Education, Defendants.

United States District Court, N.D. New York.

February 27, 1997.


Attorney(s) appearing for the Case

Robert L. Schulz, Queensbury, NY, Pro Se.

John Salvador, Jr., Lake George, NY, Pro Se.

Gilbert O. Boehm, Lake George, NY, Pro Se.

Charles D. Burge, PhD., Natural Bridge, NY, Pro Se.

Leland D. Ryan, Harrisville, NY, Pro Se.

Suzan Diane La Due, Harrisville, NY, Pro Se.

Richard Allen Berry, Harrisville, NY, Pro Se.

John B. Sibley, Jr., Harrisville, NY, Pro Se.

Douglas Frederick Watson, Harrisville, NY, Pro Se.

Claude F. Sprowls, Harrisville, NY, Pro Se.

Gary L. Williams, Harrisville, NY, Pro Se.

Andrea Vecchio, East Islip, NY, Pro Se.

Dennis C. Vacco, Attorney General of the State of New York, Albany, NY, for State Defendants; Deirdre Roney, of counsel.

Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger, Reich & Scricca, Northport, NY, for Defendant Board of Education of the East Islip Union Free School District; Lawrence W. Reich, of counsel.

Sanders D. Heller, Governeur, NY, for Harrisville Defendants; Sanders D. Heller, of counsel.


MEMORANDUM-DECISION AND ORDER

McAVOY, Chief Judge.

I. BACKGROUND

A. Procedural Background

The pro se plaintiffs in this action are members of the All-County Taxpayers Association, a "good-government advocacy organization." Its founder and President, Robert L. Schulz, has been a frequent litigator in federal and state court. Plaintiffs' current complaint contends that several New York Statutes, which relate to voting on proposed...

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