Esler v. Walters

437 N.E.2d 1090, 56 N.Y.2d 306, 452 N.Y.S.2d 333, 1982 N.Y. LEXIS 3424
CourtNew York Court of Appeals
DecidedJune 15, 1982
StatusPublished
Cited by40 cases

This text of 437 N.E.2d 1090 (Esler v. Walters) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Esler v. Walters, 437 N.E.2d 1090, 56 N.Y.2d 306, 452 N.Y.S.2d 333, 1982 N.Y. LEXIS 3424 (N.Y. 1982).

Opinions

[309]*309OPINION OF THE COURT

Wachtler, J.

On this appeal we are asked to consider the constitutionality of a statute (Town Law, § 206, subd 7) which provides that in special elections on propositions to consolidate water districts, no person shall be entitled to vote unless he or she is an elector of the town and also “is the owner of taxable property situate within one of the districts”. The trial court found the statute unconstitutional, but the Appellate Division reversed. The petitioners appeal claiming that the real property ownership requirement violates the equal protection guarantees of the State and Federal Constitutions as well as certain sections of the State Constitution specifically relating to the right to vote (NY Const, art I, § 1; art II, § 1).

In July of 1980 the Town Board of the Town of Guilderland adopted, after a hearing, a resolution consolidating two water districts, known as the McKownville and Westmere Water Districts. The resolution provides that the consolidated water districts shall be financed “on an ad Valorum basis” as well as by the imposition of water rents. The resolution also states that it is subject to a permissive referendum.

A valid petition for a referendum was submitted to the town clerk and accordingly an election was scheduled for August 27, 1980. The public notice of the election states: “No person is entitled to vote at said election unless he or she: (a) Is an elector of said Town of Guilderland, and (b) Is the owner of property assessed upon the last preceding Town Assessment Roll and situated within the said McKownville Water District and/or said Westmere Water District”. This statement concerning voter qualifications for this type of special election is based upon and accords with subdivision 7 of section 206 of the Town Law.1 At the special election a majority of those voting approved the proposed consolidation.

[310]*310In September this proceeding was commenced by three town residents who do not own real property in the township and thus were not entitled to vote in the special election. Two of the petitioners, Esler and Smith, were turned away at the polls; the other petitioner, Gaffney, made no attempt to vote because he was “aware of the public notice concerning [voter] qualifications”. They claimed that as a result of the land ownership requirement the election was “performed in an unconstitutional manner, in violation of the petitioners’ equal protection guarantees and effected the disenfranchisement of the petitioners in violation of the Constitution of this State and of the United States”. They asked that the election be annulled and that an order be issued declaring subdivision 7 of section 206 of the Town Law unconstitutional.

The trial court agreed with the petitioners, relying primarily on Matter of Wright v Town Bd. of Town of Carlton (41 AD2d 290, affd 33 NY2d 977), in which a comparable section of the Town Law was held to be unconstitutional when measured against the guidelines enunciated in certain United States Supreme Court decisions.

The Appellate Division reversed and dismissed the petition. The court found that the Supreme Court’s recent decision in Ball v James (451 US 355), upholding a land ownership requirement for voters in a water district election, was dispositive with respect to the petitioners’ right to vote under the Federal Constitution. It did not address, and thus presumably found no merit to, the petitioners’ State constitutional contentions.

The equal protection guarantee of the Fourteenth Amendment applies to the right to vote and generally places a heavy burden on the State to justify any departure from the “one-man, one-vote” principle (e.g., Reynolds v Sims, 377 US 533). However, in Salyer Land Co. v Tulare Water Dist. (410 US 719) the Supreme Court recognized a narrow exception to that requirement when the election relates to a governmental body which performs a special limited function having a disproportionate effect on a definable segment of the community. In such a case, the court held that a statute limiting the right to vote to a specified group would be sustained unless the basis for the [311]*311limitation was “ ‘wholly irrelevant to achievement of the regulation’s objectives’ ” (Salyer Land Co. v Tulare Water Dist., supra, at p 730), the minimal equal protection requirement.

Applying those principles in the Salyer case the court found no constitutional impediment in legislation permitting only landowners to vote in elections for directors of a particular water district, and also providing that the votes be weighted according to the assessed valuation of the voter’s land. The court emphasized (at pp 728-729) that the district had “relatively limited” governmental powers, its primary purpose being “to provide for the acquisition, storage, and distribution of water for farming in the Tulare Lake Basin. It provides no other general public services”. The court also noted (at p 729) that the water district’s actions “disproportionately affect landowners” who alone bear the costs of district projects and services assessed in proportion to the benefits received, which would become a lien against the land in the case of delinquency.2

Subsequently in Matter of Wright v Town Bd. of Town of Carlton (41 AD2d 290, supra) the Appellate Division held the Salyer exception inapplicable to a statute imposing a land ownership requirement for voters in a special election to create a town water district (Town Law, § 209-e, subd 3). The court noted that in Salyer (at p 294) “The Supreme Court concluded that the storage district’s primary purpose was to provide for farming and not for general public services ordinarily financed by a municipal body.” Thus applying the more demanding standards applicable to elections generally the Appellate Division found the statute unconstitutional because the State had failed to demonstrate that residents who do not own land were substantially less interested in the outcome of the election and that the statutory restriction on the right to vote served a compelling State interest. When that case was appealed to this court we affirmed on the opinion at the Appellate Division (33 NY2d 977, supra).

[312]*312The Supreme Court’s latest decision in this area now indicates that the exception recognized in Salyer is broader than it was perceived to be when the Wright case was decided. In Ball v James (451 US 355, supra), involving the Salt River District in Arizona, the court again found no equal protection violation in a statutory scheme which limited voting eligibility in a directors’ election to landowners and apportioned voting power according to the amount of land a voter owns.

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Bluebook (online)
437 N.E.2d 1090, 56 N.Y.2d 306, 452 N.Y.S.2d 333, 1982 N.Y. LEXIS 3424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esler-v-walters-ny-1982.