MATTER OF BALDWIN UNION FREE SCH. DIST. v. COUNTY OF NASSAU

No. 9.

22 N.Y.3d 606

9 N.E.3d 351

986 N.Y.S.2d 1

2014 NY Slip Op 1103

IN THE MATTER OF BALDWIN UNION FREE SCHOOL DISTRICT, ET AL., Respondents, v. COUNTY OF NASSAU, Appellant. (And an Action and Another Proceeding.)

Court of Appeals of New York.

Decided February 18, 2014.


Attorney(s) appearing for the Case

Ronald J. Rosenberg , for appellant.

David N. Yaffe , for respondents Baldwin Union Free School District et al.

Catherine V. Battle , for respondents Hafner et al.

Maureen T. Liccione , for respondents Town of North Hempstead et al.

Opinion by Judge Abdus-Salaam. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur.


ABDUS-SALAAM, J.

In this case, we are presented with, essentially, the following question: may Nassau County pass a local law that shifts the obligation to pay real property tax refunds from the County to its individual taxing districts, thereby superseding a special State tax law? We answer this question in the negative. The State Constitution vests in the State and the counties only a definite and circumscribed set of powers. Beyond its constitutional authority...

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