Opinion

Town of Carmel v. Board of Supervisors

  • 27 N.Y.2d 975
  • 318 N.Y.S.2d 503
  • 267 N.E.2d 277
  • 1970 N.Y. LEXIS 916
Court
New York Court of Appeals
Filed
Dec 10, 1970
Status
Published
Cited by
6 cases
Authority
More cited than 60.8%

allowing a weighted voting plan for the malapportioned Board of Supervisors of Putnam County "solely as a temporary, interim measure" until another plan could be adopted after the 1970 census

How later courts described this case

  • allowing a weighted voting plan for the malapportioned Board of Supervisors of Putnam County "solely as a temporary, interim measure" until another plan could be adopted after the 1970 census

Written by the judges who cited it.

The opinion

Per Curiam.

As presently constituted, the Board of Supervisors of Putnam County — consisting of one supervisor from each of the county’s six towns — is malapportioned. The court at Special Term, recognizing this, directed the board to adopt a plan of apportionment consistent with constitutional standards by July 1, 1969. In so doing, the court provided that, in the meantime and until such plan was adopted, the board should function under an interim plan employing weighted voting. The Appellate Division affirmed the resulting order.

*977 We approve the weighted voting plan thus imposed upon the Board of Supervisors solely as a temporary, interim measure and refrain from considering or passing upon its constitutionality as a permanent scheme. However, since the courts below directed the board to adopt a permanent plan by July 1, 1969, the order appealed from should be modified so as to provide that the board act and adopt a plan of apportionment, meeting constitutional requirements, within six months from the time the enumeration of the county’s population according to the Federal census of 1970 becomes available and, except as so modified, affirmed. (See, e.g., Franklin v. Mandeville, 26 N Y 2d 65, 70.)

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur in Per Curiam opinion.

Ordered accordingly.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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