Patrician Plastic Corp. v. Board of Regents of the University of the State of New York, 17 A.D.2d 436 (3d Dep’t 1962)

A state statute requiring the licensing of landscape architects is a valid exercise of police power when it serves to safeguard life, health, and property and provides sufficiently clear standards for those regulated.

Summary

Five plaintiffs challenged the constitutionality of Article 148 of the Education Law, which mandates the licensing of landscape architects in New York. After their applications for licenses without examination were denied, the plaintiffs sought a declaration that the law was unconstitutional and an injunction against its enforcement. The court upheld the statute, finding that the regulation of landscape architecture is related to public health and welfare and constitutes a valid exercise of the state’s police power. The court also found the statute provided sufficiently clear standards and did not improperly delegate legislative power.

Facts

In 1960, New York enacted Article 148 of the Education Law, requiring the licensing of landscape architects. The law defined landscape architecture as professional services related to the development of land areas, with a focus on preserving and enhancing land uses, natural features, and aesthetic values. The law also established a Board of Examiners to administer the licensing process and prescribed penalties for violations. Five plaintiffs, who were practicing in the field, applied for licenses under a “grandfather clause” but were denied. They then filed suit challenging the law’s constitutionality.

Procedural History

The plaintiffs initially filed suit seeking a declaratory judgment that Article 148 was unconstitutional and an injunction against its enforcement. The trial court upheld the statute. The Appellate Division affirmed the trial court’s decision, finding the statute constitutional. The New York Court of Appeals affirmed the Appellate Division’s order, upholding the constitutionality of the landscape architecture licensing statute.

Issue(s)

1. Whether Article 148 of the Education Law is unconstitutional as a denial of due process because it lacks sufficiently clear standards.

2. Whether Article 148 constitutes an improper delegation of legislative power to the Board of Examiners.

Holding

1. No, because when the prohibitions of section 7321 are read in conjunction with the exceptions contained in section 7326, a sufficiently clear standard of conduct is set forth to give fair notice to one concerned with or engaged in the activities regulated as to what acts are criminal and those that are innocent.

2. No, because Boards of Examiners are the usual and ordinary bodies to pass on the qualifications for professional preferment.

Court’s Reasoning

The court reasoned that the practice of landscape architecture is a recognized profession requiring specialized knowledge. The Legislature enacted the licensing law to safeguard life, health, and property. The court emphasized the strong presumption of constitutionality afforded to legislative enactments, stating, “Every legislative enactment carries a strong presumption of constitutionality including a rebuttable presumption of the existence of necessary factual support for its provisions.” The court found that the statute’s definition of landscape architecture, in conjunction with its exemptions for other professions and activities, provided a sufficiently clear standard of conduct. The court also rejected the argument that the statute constituted an improper delegation of legislative power, noting that Boards of Examiners are commonly used to assess qualifications for professional licenses, and some discretion in evaluating an applicant’s qualifications is permissible. The court stated, “Although standards or guides must be prescribed where legislative power is delegated, it need be done in only so detailed a fashion as is reasonably practical in the light of the complexities of the particular area to be regulated.” The court concluded that the law did not interfere with existing businesses unless they misrepresented themselves as licensed landscape architects, and that the law’s preliminary requirements and grandfather clauses indicated no legislative intent to disrupt legitimate businesses.