TAXIS - NEW YORK

Greater New York Taxi Ass'n v. New York City Taxi and Limousine Com'n

Court of Appeals of New York - June 25, 2015 - N.E.3d - 2015 WL 3885462 - 2015 N.Y. Slip Op. 05514

Association of taxicab owners commenced proceeding against New York City Taxi and Limousine Commission, seeking to invalidate rule that established a particular make and model of vehicle as city’s official taxicab. The Supreme Court, New York County, entered order declaring rule invalid, and the Supreme Court, Appellate Division, reversed and granted association leave to appeal.

The Court of Appeals held that Commission did not exceed its authority under city charter or intrude on city council’s domain in violation of the separation of powers doctrine by enacting rule that established a particular make and model of vehicle as city’s official taxicab.

City charter authorized the Commission to establish an overall public transportation policy governing taxi services, the choice of the best possible vehicle for use as a taxi fit within the broad authority granted in the charter, and city council generally refrained from intervening in the Commission’s broad regulation of the taxi industry, including the question at issue, for over four decades.



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