New York Law Review

Tag: Census Data

  • Brooklyn Heights Ass’n v. Macchiarola, 82 N.Y.2d 100 (1993): Upholding Districting Commission’s Discretion in Balancing Charter Requirements

    Brooklyn Heights Ass’n v. Macchiarola, 82 N.Y.2d 100 (1993)

    A City Districting Commission’s decision, based on a reasonable policy of adhering to census block boundaries, will be upheld when balancing competing districting criteria, even if it arguably impacts neighborhood integrity.

    Summary

    Following the abolition of the New York City Board of Estimate, a City Districting Commission was formed to redraw City Council districts. The Commission, tasked with creating a Latino-majority district, included a waterfront tabulation block in that district despite objections from Brooklyn Heights residents who claimed the area was historically part of their neighborhood. The Court of Appeals reversed the lower courts, holding that the Commission’s decision to avoid splitting tabulation blocks was a reasonable policy choice to effectuate the Charter’s requirement that census data be used and the decision was not arbitrary or capricious.

    Facts

    After the New York City Board of Estimate was declared unconstitutional, a City Districting Commission was appointed to redraw City Council districts. To create a Latino-majority district (District 38), the Commission created a “land bridge” using 11 tabulation blocks, including block 105, a long waterfront area. Brooklyn Heights residents (in District 33) objected, claiming the northern part of block 105 and adjacent piers were historically part of their neighborhood and should be included in their district.

    Procedural History

    Brooklyn Heights residents and civic groups filed an Article 78 proceeding challenging the districting plan. The Supreme Court granted the petition, ordering the district lines redrawn. The Appellate Division affirmed. The City appealed to the Court of Appeals as of right.

    Issue(s)

    Whether the City Districting Commission acted arbitrarily and capriciously in declining to split a census tabulation block to preserve a neighborhood’s integrity when balancing competing districting criteria mandated by the City Charter?

    Holding

    No, because the Commission’s decision to avoid splitting tabulation blocks was a reasonable policy choice, and the Charter only requires that districting criteria be applied “to the maximum extent practicable,” allowing for flexibility and compromise.

    Court’s Reasoning

    The Court emphasized that the Commission was mandated to use the “final count results” of the 1990 census and adopted a policy of not splitting tabulation blocks, the smallest geographical units for which census data was available, to implement this mandate. The Court deferred to the Commission’s reasonable policy choice related to implementing the technical requirements of districting. The Court noted the Charter only required criteria to be applied “to the maximum extent practicable,” indicating a need for flexibility. The Court stated: “It is not our role to second-guess the Commission’s reasonable policy choice related to implementing the technical requirements of districting.” The Court found that the Commission’s policy was directly and reasonably related to implementing the census requirement and was not arbitrary or capricious. Because the land-based portion of block 105 was dispositive, the court declined to address the issue of the piers, stating, “In view of our conclusion with regard to block 105, it is unnecessary to consider the disposition of the five disputed piers, because they would not be contiguous to District 33 in any event”.

  • Matter ofценкау of собств и е нн о с т и Lavalle v. Board of Supervisors, Putnam County, 26 N.Y.2d 807 (1970): Interim Weighted Voting Plans in Malapportioned Local Governments

    Lavalle v. Board of Supervisors, Putnam County, 26 N.Y.2d 807 (1970)

    Courts may impose temporary, interim weighted voting plans on malapportioned local governments until a permanent, constitutionally compliant apportionment plan is adopted, particularly in anticipation of new census data.

    Summary

    This case concerns the malapportionment of the Putnam County Board of Supervisors. The lower court directed the board to adopt a constitutionally sound apportionment plan by July 1, 1969, and implemented an interim weighted voting system until a permanent plan was in place. The Court of Appeals affirmed the imposition of the weighted voting plan as a temporary measure. However, recognizing the imminent availability of the 1970 federal census data, the Court modified the order to require the board to adopt a permanent apportionment plan within six months of receiving the census results. This decision highlights the judiciary’s role in ensuring fair representation and the use of interim measures to address malapportionment pending the creation of a permanent solution based on current population data.

    Facts

    The Putnam County Board of Supervisors was malapportioned, with each of the county’s six towns having one supervisor regardless of population size.

    Procedural History

    The Special Term court found the Board of Supervisors to be malapportioned and ordered them to create a constitutional apportionment plan by July 1, 1969. The court also implemented an interim weighted voting plan. The Appellate Division affirmed this order. The case was then appealed to the New York Court of Appeals.

    Issue(s)

    Whether the court-ordered interim weighted voting plan for a malapportioned county board of supervisors should be upheld, and whether the deadline for the board to adopt a permanent apportionment plan should be modified in light of upcoming census data.

    Holding

    Yes, the interim weighted voting plan is approved as a temporary measure. The order is modified to require the board to adopt a permanent plan within six months of the availability of the 1970 census data because this data would provide a more accurate basis for a permanent apportionment plan.

    Court’s Reasoning

    The Court approved the weighted voting plan solely as a temporary, interim measure, explicitly refraining from ruling on its constitutionality as a permanent solution. Recognizing that the 1970 federal census was forthcoming, the Court reasoned that the board should utilize the updated population data to create a more accurate and constitutionally sound permanent apportionment plan. The Court cited Franklin v. Mandeville, 26 Y 2d 65, 70, indicating its reliance on established precedent for adjusting apportionment plans based on updated census information. The decision emphasizes the importance of accurate population data in ensuring fair representation and the appropriateness of temporary measures to address malapportionment while awaiting such data. The court implicitly acknowledged that relying on outdated population figures could perpetuate inequities, thus necessitating a delay until the new census data became available. This ruling serves as a guide for courts addressing similar malapportionment issues in local governments, especially when new census data is anticipated. By modifying the lower court’s order, the Court of Appeals ensured that the permanent apportionment plan would be based on the most current and accurate population figures available.