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Protect the Adirondacks! Inc. v. New York State Department of Environmental Conservation
Ruled that state's plan to construct community connector trails designed for snowmobile use in the state's forest violated constitution's "forever wild" clause
Tillman v. Goodpasture
Ruled that statute abolishing wrongful birth tort did not violate rights to jury trial and legal remedy, as both rights apply only to common-law claims existing at the time of their adoption
Commonwealth v. Eid
Ruled that absence of a maximum term rendered sentencing provision in statute related to driving under a suspended license unconstitutionally vague
Commonwealth v. Hairston
Ruled that death penalty does not violate prohibition on cruel punishment, and right to effective assistance of counsel was not violated by failure to object to jury verdict that did not track relevant statutory language
State v. Vega-Larregui
Ruled that court's order authorizing virtual grand jury presentations, in response to the pandemic, did not violate separation of powers or the right to indictment by grand jury
People v. Pagano
Concurrence wrote that court should depart from federal Fourth Amendment precedent to retain the requirement that an anonymous tip be reliable both in its assertion of illegality and in its tendency to identify a determinant person
State v. Lamoureux
Ruled that statute criminalizing intimidating, harassing or offensive communications is not facially overbroad and does not constitute a content-based restriction in violation of free speech protections
City of Crestwood v. Affton Fire Protection District
Upheld statutory scheme governing a city's annexation of an unincorporated area served by a fire protection district as not a constitutionally invalid special law, local tax, or unfunded mandate
Nestor M. Davidson
Nestor M. Davidson is the Albert A. Walsh Professor of Real Estate, Land Use, and Property Law, Fordham Law School.
Will Courts Continue to Favor State Control Over Home Rule?
Constitutional amendments giving cities greater authority over local policy have repeatedly met resistance by state courts over the last century.
