15 N.Y.2d 505 (1964)

A town clerk’s certificate regarding the adoption, posting, and publication of a town ordinance, as required by the Town Law, constitutes presumptive evidence of those facts, shifting the burden to the challenger to offer contrary proof.

Summary

This case concerns the evidentiary weight given to a town clerk’s certificate regarding the adoption and publication of a zoning ordinance. The Town of Clay sought to enforce its zoning ordinance against Mathews. Mathews challenged the validity of the ordinance’s enactment. The Town relied on a certificate from the Town Clerk attesting to the proper adoption, posting, and publication of the ordinance. The Court of Appeals held that under Section 134 of the Town Law, the clerk’s certificate serves as presumptive evidence of proper enactment, and the burden shifts to the challenging party to present contradictory evidence. Since Mathews failed to offer any such evidence, the ordinance was deemed validly enacted.

Facts

The Town of Clay, Onondaga County, sought to enforce its zoning ordinance. Mathews challenged the ordinance’s validity, arguing it wasn’t properly enacted. The Town presented a certificate from the Town Clerk. The certificate attested to the correctness of the zoning ordinance transcript and confirmed its publication and posting, as mandated by law.

Procedural History

The Town Court initially heard the case concerning the zoning ordinance violation. The Town introduced the Town Clerk’s certificate as evidence of proper enactment. The defendant objected to the exhibit’s admission. The court admitted the certificate into evidence. The defendant offered no evidence to rebut the certificate’s claims. The Court of Appeals reviewed the trial court’s decision regarding the validity of the ordinance based on the evidentiary value of the clerk’s certificate.

Issue(s)

Whether a Town Clerk’s certificate, attesting to the adoption, posting, and publication of a town ordinance, constitutes presumptive evidence of these facts under Section 134 of the Town Law, shifting the burden to the challenger to offer contrary proof.

Holding

Yes, because Section 134 of the Town Law explicitly states that such a certificate is presumptive evidence of the ordinance’s proper adoption, posting, and publication; therefore, the burden shifts to the party challenging the ordinance to present evidence to the contrary.

Court’s Reasoning

The Court relied on the plain language of Section 134 of the Town Law, which states that the Town Clerk’s certificate regarding the adoption, posting, and publication of a town ordinance is “presumptive evidence” of those matters. The Court emphasized that this section was enacted to streamline the process of proving the formal procedures underlying the enactment of public ordinances. The statute was designed to alleviate the need for extensive proof of formal procedures. It places the onus on the challenger to present evidence contesting the certificate’s claims. Since Mathews objected to the exhibit but failed to present any evidence to contradict the certificate’s assertions, the Court concluded that the Town had met its burden of proof regarding the validity of the zoning ordinance. The court noted, “This section, adopted in 1932 (ch. 634), was designed to obviate the sometimes troublesome and inconvenient need to prove formal procedures underlying the enactment of public ordinances and to require one who challenges the formal adoption or publication to offer proof on this subject.”