Opn. No.

Denis R. Hurley, Esq. Special Counsel to Town Board Town of Southampton

As special counsel to the town board of the Town of Southhampton, you have asked whether the State Legislature has the authority to pass a special act to enable the Town of Southhampton to enact a local law that would provide for the adoption of local laws or ordinances by initiative and referendum.

It is clear that absent statutory authorization from the State Legislature, a town may not adopt initiative and referendum procedures (Matter of McCabe v Voorhis, 243 N.Y. 401 [1926]; Mills v Sweeney,219 N.Y. 213 [1916];…