United States v. City of Yonkers

I

I concur in Parts C and D of the majority opinion affirming the district court’s order imposing an equal apportionment of costs between the State of New York and Yonkers. I agree, for the reasons the majority states, that the remedy is a proper exercise of the district court’s equitable discretion and that the defenses asserted by the State are here unavailing. But I respectfully dissent from the majority’s reversal of the district court’s finding of vestiges and its order implementing “Educational Improvement Plan II.” I would remand on those issues for the district court to make an…