Franklin v. Krause
| Decision Date | 20 September 1973 |
| Citation | 348 N.Y.S.2d 554,33 N.Y.2d 646 |
| Parties | , 303 N.E.2d 71 Lawrence FRANKLIN et al., Plaintiffs-Respondents, v. Stanley W. KRAUSE, Clerk of the Board of Supervisors of the County of Nassau, et al., Defendants, Francis T. Purcell et al., constituting the Board of Supervisors of the County of Nassau, Defendants-Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Motion for reargument denied. Motion to amend the remittitur granted. Return of the remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented, and necessarily passed upon, questions arising under the Constitution of the United States, viz: (1) whether Local Law No. 13--1972 of Nassau County is unconstitutional because it deprives plaintiffs of the equal protection of the laws as well as due process of law under the Fourteenth Amendment to the Constitution of the United States; and (2) whether said Local Law, because it utilizes weighted voting, is unconstitutional Per se in that it violates the plaintiffs' right to equal protection of the laws and to due process of law under the Fourteenth Amendment to the Constitution of the United States. The Court of Appeals held there was no violation of any of plaintiffs' constitutional rights.
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League of Women Voters of Nassau County v. Nassau County Bd. of Sup'rs
... ... ' equal protection argument because, aside from one meritless issue, this case is controlled by the Supreme Court's earlier decision in Franklin v. Krause, 32 N.Y.2d 234, 344 N.Y.S.2d 885, 298 N.E.2d 68 (1973), appeal dismissed, 415 U.S. 904, 94 S.Ct. 1397, 39 L.Ed.2d 461 (1974). Accordingly, ... ...
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