Rr Village Association, Inc., Jay Stanleigh and Authur L. Penzel, Plaintiffs v. Denver Sewer Corporation and Town of Roxbury (New York)

If I were convinced that my colleagues were not doing exactly what the district court did, i.e., finding section 121 unconstitutional as applied, I would be pleased to concur in Judge Kearse’s customarily fine opinion. However, because I am satisfied that this is not the case, I respectfully dissent.

A federal court which is asked to rule on a constitutional question implicating the validity of a State law is obligated to offer an *1206opportunity for intervention to the State Attorney General and to avoid reaching the constitutional question if the case can be decided under State law. The district…