New York Court of Appeals
In the Matter of Frank v. Fossella v. David Dinkins, Campaign for a Nuclear Navyport Referendum…
October 30, 198566 N.Y.2d 162
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that the proposed charter amendment to prohibit city disposition of land for a nuclear military installation is invalid under State Law § 50(2), that the court need not decide the federal constitutional issue, and that the intervenors' standing challenge was waived because it was not raised as an affirmative defense.