Legal Opinion · Concurrence

Town of North Hempstead v. Exxon Corp.

New York Court of Appeals

Decided April 7, 1981Published

1ConcurrenceFuchsberg, J.

The court here confronts a classical due process attack on the constitutionality of legislation in the economic sphere. This century has witnessed a legal metamorphosis in this area of the law. The product of the change is what for some decades now may be fairly described as virtually a “hands-off” approach by the United States Supreme Court. In contrast, to fill this gap in an age when governmental legislative and quasi-legislative intervention in economic affairs abounds, courts in most States, relying on their own Constitutions, have reasserted a right, albeit somewhat limited, to…

2Cases cited24 opinions

  1. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  2. Lochner v. New YorkSupreme Court of the United States · 1905
  3. West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
  4. Allgeyer v. LouisianaSupreme Court of the United States · 1897
  5. Noble State Bank v. HaskellSupreme Court of the United States · 1911

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