¶1Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented, and necessarily passed upon, questions arising under the Constitution of the United States, viz: (1) whether Local Laws, 1972, No. 13 of Nassau County is unconstitutional because it deprives plaintiffs of the equal protection of the laws as well as due process of law under the Fourteenth Amendment to the Constitution of the United States; and (2) whether said Local Law, because it utilizes weighted voting, is unconstitutional per se in that it violates the plaintiffs’ right to equal protection of the laws and to due process of law under the Fourteenth Amendment to the Constitution of the United States. The Court of Appeals held there was no violation of any of plaintiffs’ constitutional rights. [See 32 N Y 2d 234.]
33 N.Y.2d 646
Franklin v. Krause
Decided September 20, 1973
New York Court of Appeals · decided 1973-09-20
Cited by 3 later decisions — most recently April 1993
1 federal appellate ·
Key passage — most relied on by later courts
“[T]here were presented, and necessarily passed upon, questions arising under the Constitution of the United States, viz: (1) whether Local Law No. 13-1972 of Nassau County is unconstitutional because it deprives plaintiffs of the equal protection of the laws as well as due process of law ...; and (2) whether said Local Law, because it utilizes weighted voting, is unconstitutional per se in that it violates the plaintiffs' right to equal protection of the laws and to due process of law .... The Court of Appeals held there was no violation of any of plaintiffs' constitutional rights.”
quoted by 1 later decision, including League of Women Voters v. Nassau County Board of Supervisors
Good law ✅— No negative treatment on recordhow we know
Decided 1973-09-20
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