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January 16, 2007

Which Definition?

The New York Supreme Court, Appellate Division, wrestled with (we'd have said "wrassled with" in Texas) whether the word "municipality" has a specific, limited definition when it had been defined both in general definitions and in more than 100 other places in Jericho Water District v. One Call Users Council, Inc., 2006 WL 3635172, __ N.Y.S. 2d __ (N.Y. Sup. Ct. App. Div. Dec. 12, 2006).

If given one meaning, there was one result; if given another, there was another result.

Further difficulties: sometimes the definition was of a "municipality" and sometimes of "municipal corporations." Did that matter?

Again, an interesting case involving not just a lack of a defined term in a statute, but of myriad other possible definitions. What does a poor judge do?

January 16, 2007 in Current Affairs | Permalink

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