Legal Opinion
Homier Distributing Co. v. City of Albany
New York Supreme Court
Decided January 12, 1995PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
George B. Ceresia, Jr., J.
Plaintiff Homier Distributing Company (Homier) has instituted this action against the defendant City of Albany (City) and moved for partial summary judgment declaring section 7-240 of the Code of the City of Albany (the ordinance) to be in violation of the Commerce Clause of the United States Constitution (US Const, art I, § 8, cl [3]). Plaintiff further seeks a directive that the City reimburse it for taxes it paid pursuant to that ordinance. Homier also requests a hearing to determine costs and attorney fees to which it claims entitlement…
2Cases cited20 opinions
- Parratt v. TaylorSupreme Court of the United States · 1981
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
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3Cited by2 opinions
- Homier Distributing Co. v. City of AlbanyNew York Court of Appeals · 1997
- Homier Distributing Co. v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1996