Legal Opinion

People v. Trolio

Justice Court of Scarsdale

Decided October 25, 1996Published

1Opinion of the Court

OPINION OF THE COURT

Arlene E. Katz, J.

The issue before the court is whether Scarsdale Village Code § 205-2 (B) is unconstitutional on the purported grounds that it is arbitrary and not reasonably related to a valid government purpose.

The relevant portions of the Scarsdale Code are as follows:

"Section 205-2 Outdoor Power Tools * * *
"B. The use of gasoline-powered blowers shall be unlawful in the village during the period from June 1st through September 30th of each year * * *
"D. This section shall not apply to golf course operations or utility companies performing emergency repairs”.

On…

2Cases cited12 opinions

  1. Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
  2. Van Berkel v. PowerNew York Court of Appeals · 1965
  3. Wiggins v. Town of SomersNew York Court of Appeals · 1958
  4. D'Angelo v. ColeNew York Court of Appeals · 1986
  5. Pratt v. TofanyAppellate Division of the Supreme Court of the State of New York · 1971

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