Town of Black Brook v. State

Chief Judge Breitel.

Plaintiff Town of Black Brook, one of numerous localities situated in the Adirondack Park region, seeks judgment, against the State, the agency, and related officials, declaring that the Adirondack Park Agency Act (Executive Law, art 27) violates the home rule provisions of article IX of the State Constitution. The appeal arises on defendants’ motion to dismiss the complaint for the town’s lack of standing to attack the constitutionality of the State statute. Special Term dismissed the complaint; the Appellate Division reversed; and defendants appeal.

The issue is whether a…