Town of Islip v. Caviglia, 64 N.Y.2d 744 (1984)
A special law that affects the property, affairs, or government of a local entity is constitutional if its subject matter is of sufficient importance to the state generally, even if it has a localized application and directly affects basic local interests.
Summary
This case concerns the constitutionality of ECL 27-0704, a special law limiting solid waste disposal by landfill in Nassau and Suffolk Counties. The Town of Islip challenged the law, arguing it violated the home rule provisions of the New York Constitution. The Court of Appeals reversed the lower court’s decision, holding that the law was constitutional because its purpose—protecting the Long Island aquifer, a crucial water source—was a matter of state-wide concern. The Court emphasized that the state can legislate on matters of state concern even if such legislation affects local matters.
Facts
The New York State Legislature enacted ECL 27-0704 to phase out landfilling on Long Island to protect the sole source aquifer from pollution. The legislative findings stated that land burial of solid waste posed a significant threat to groundwater quality in Nassau and Suffolk Counties, where the potable water supply derives from a sole source aquifer. The statute restricted landfill disposal in these counties. The Town of Islip, affected by the law, challenged its constitutionality.
Procedural History
The Town of Islip initiated a proceeding seeking review of administrative action and a declaratory judgment. The Supreme Court, Suffolk County, declared ECL 27-0704 invalid, finding it violated the home rule provisions of the New York Constitution because it was a special law concerning only Nassau and Suffolk Counties without a statement of state-wide concern. The respondents appealed directly to the Court of Appeals.
Issue(s)
- Whether ECL 27-0704, a special law limiting landfill disposal in Nassau and Suffolk Counties, violates Article IX, Section 2(b)(2) of the New York Constitution, which restricts the legislature’s power to act by special law in relation to the property, affairs, or government of a local government.
Holding
- No, because the law addresses a matter of significant state concern—protecting the drinking water supply—and therefore falls within the legislature’s power under Article IX, Section 3(a)(3) of the New York Constitution, which allows the legislature to act on matters other than the property, affairs, or government of a local government.
Court’s Reasoning
The Court of Appeals reasoned that the constitutional limitation on the legislature’s power to enact special laws concerning local governments must be read in conjunction with the provision that allows the legislature to act on matters other than local property, affairs, or government. The Court emphasized that the protection of the drinking water for a substantial portion of the state’s population is a matter of general state concern. The court cited previous cases upholding state legislation affecting local interests, such as legislation protecting the water supply of Rochester and establishing a sewer authority for Buffalo.
The court quoted Matter of Kelley v McGee, 57 NY2d 522, 538 stating that if “the subject matter of the statute is of sufficient importance to the State generally to render it a proper subject of State legislation * * * the State may freely legislate, notwithstanding the fact that the concern of the State may also touch upon local matters”.
The court acknowledged that ECL 27-0704 was a special law limited to Nassau and Suffolk Counties. However, it found that this did not invalidate the statute because the subject matter—protection of the Long Island aquifer—was a matter of state-wide concern. The court concluded that the state’s interest in protecting its natural resources, as mandated by Article XIV, Section 4 of the New York Constitution, justified the enactment of ECL 27-0704, even though it directly affected the towns’ use of their property for landfills.