Town of Black Brook v. State

The plaintiff town commenced a declaratory judgment action to declare article 27 of the Executive Law (Adirondack Park Agency Act) unconstitutional, contending that because the act diminishes and impairs its powers to zone pursuant to the Statute of Local Governments (§ 10) and because it was passed by only one session of the Legislature, that the act is void under article IX of the New York Constitution (§2, subd [b], par [1]). Special Term dismissed the complaint holding that the town had no standing to challenge the act. We are thus called upon to answer the question of *418whether the town…