Legal Opinion
Radio Common Carriers of New York, Inc. v. State
New York Supreme Court
Decided June 9, 1993PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Shirley Fingerhood, J.
Plaintiffs seek a declaratory judgment that Tax Law § 1150 entitled "Special fee on paging devices” is unconstitutional on its face and as applied. They also request that attorneys’ fees be awarded pursuant to the Civil Rights Attorney’s Fees Awards Act of 1976 (see, 42 USC §§ 1983, 1988).
Plaintiffs are radio common carriers, businesses to which the Federal Communications Commission (FCC) has issued licenses to provide radio paging services in multi-State areas including that of New York, New Jersey and Connecticut. The proliferation of radio paging…
2Cases cited17 opinions
- Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
- Quill Corp. v. North Dakota Ex Rel. HeitkampSupreme Court of the United States · 1992
- Container Corp. of America v. Franchise Tax BoardSupreme Court of the United States · 1983
- Dennis v. HigginsSupreme Court of the United States · 1991
- South Carolina State Highway Department v. Barnwell Bros.Supreme Court of the United States · 1938
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3Cited by4 opinions
- HAWAII INSURERS COUNCIL v. LingleHawaii Supreme Court · 2008
- Wetzel County Solid Waste Authority v. West Virginia Division of Natural ResourcesWest Virginia Supreme Court · 1995
- Health Services Medical Corp. of Central New York, Inc. v. ChassinNew York Supreme Court · 1998
- Whether the District of Columbia's Clean Air Compliance Fee May Be Collected From the Federal Government, Department of Justice Office of Legal Counsel1996