Browning-Ferris Industries of North Jersey, Inc. v. City of Passaic

To read the learned opinion of the majority, one gathers that we deal here with a majestic imperative of governmental structure: “to guarantee the governmental independence of local authorities, that municipal utilities authorities have and were intended by the Legislature to have independent, broad, and flexible powers to enable them to execute their purposes completely and comprehensively.” Ante at 89. We sense one like Robert Moses being tied down by the New York City Council in his attempts to administer the Triborough Bridge and Tunnel Authority.

Nothing could be further from reality. We…