New York Court of Appeals
Bennie Wiggins v. Town of Somers
April 3, 19584 N.Y.2d 215
Summary
The New York Court of Appeals upheld the town of Somers' ordinance prohibiting the dumping of non‑local garbage as a reasonable exercise of police power, while striking the ordinance's prohibition on transporting garbage as beyond the town's authority; the decision remands for further proceedings. Justice Desmond dissented, arguing the ordinance is an unconstitutional interference with business and not related to public health.