Legal Opinion

WNEK Vending & Amusements Co. v. City of Buffalo

New York Supreme Court

Decided December 19, 1980PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Samuel L. Green, J.

This is a CPLR article 78 proceeding. Petitioners question the application and constitutionality of a 1952 City of Buffalo Ordinance (ch 7, § 27) which regulates the licensing of coin-operated amusement devices. They seek declaratory and injunctive relief. Petitioners contend that the ordinance is substantively vague, procedurally deficient, unevenly applied and beyond the legitimate exercise of the police power of the Buffalo Common Council. Petitioners suggest that because public concern about gambling has changed significantly during the last 30 years…

2Cases cited30 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  3. Montgomery v. DanielsNew York Court of Appeals · 1975
  4. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  5. People v. PagnottaNew York Court of Appeals · 1969

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3Cited by4 opinions

  1. Plato's Cave Corp. v. State Liquor AuthorityNew York Court of Appeals · 1986
  2. Plato's Cave Corp. v. State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
  3. Italian Sons & Daughters of America, Inc. v. Common Council of BuffaloAppellate Division of the Supreme Court of the State of New York · 1982
  4. Ricketts v. City of New YorkNew York Supreme Court · 1999

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