Legal Opinion

Long Island Oil Terminals Ass'n v. Commissioner of New York State Department of Transportation

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 1979PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Staley, Jr., J.

This is an action for a. declaratory judgment that article 12 of the New York Navigation Law is unconstitutional, and to enjoin the enforcement of the provisions of article 12 (Navigation Law, §§ 170-194).

Appellant is a trade association whose members own and operate oil storage terminals on Long Island. The oil storage terminals owned and operated by appellant’s members are "major facilities” as defined in subdivision 11 of section 172 of the Navigation Law. The members import oil in interstate and foreign commerce, which oil is imported solely by means of…

2Cases cited7 opinions

  1. Department of Revenue v. Ass'n of Washington Stevedoring CompaniesSupreme Court of the United States · 1978
  2. Portland Pipe Line Corp. v. Environmental Improvement CommissionSupreme Judicial Court of Maine · 1973
  3. A. E. Nettleton Co. v. DiamondNew York Court of Appeals · 1970
  4. Horsfall v. SchulerAppellate Division of the Supreme Court of the State of New York · 1926
  5. Western New York Motor Lines, Inc. v. Rochester-Genesee Regional Transportation AuthorityNew York Supreme Court · 1973

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3Cited by6 opinions

  1. Town of Esopus v. Fausto Simoes & AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
  2. Berman Enterprises, Inc. v. JorlingDistrict Court, E.D. New York · 1992
  3. Watmet, Inc. v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1986
  4. Data Systems Computer Centre, Inc. v. TempestaAppellate Division of the Supreme Court of the State of New York · 1991
  5. Patrick G. v. Suffolk County LegislatureAppellate Division of the Supreme Court of the State of New York · 1991

1 more not listed; retrieve them via the Exa API.

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