Legal Opinion
Homier Distributing Co. v. City of Albany
New York Court of Appeals
Decided May 13, 1997PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
Plaintiff brought this action to challenge a City of Albany ordinance which imposes a special tax on "transient” retailers who operate at temporary business sites. At the heart of plaintiff’s complaint is its claim that the tax discriminates in favor of local retail businesses and therefore violates the Commerce Clause of the Unites States Constitution (US Const, art I, § 8, cl [3]). The City, in contrast, contends that the ordinance is inoffensive to the Constitution because it applies evenhandedly to both in-State and out-of-State transient retailers and serves…
2Cases cited38 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Lanza v. WagnerNew York Court of Appeals · 1962
- Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
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3Cited by8 opinions
- People v. FoleyAppellate Division of the Supreme Court of the State of New York · 1999
- In Re the Appeals of CIG Field Services Co.Supreme Court of Kansas · 2005
- District of Columbia v. Eastern Trans-Waste of Maryland, Inc.District of Columbia Court of Appeals · 2000
- Tennessee Gas Pipeline Co. v. UrbachNew York Court of Appeals · 2001
- People v. FoleyAppellate Division of the Supreme Court of the State of New York · 1999
3 more not listed; retrieve them via the Exa API.