Longway v. Jefferson County Board of Supervisors

24 F.3d 397
Court of Appeals for the Second Circuit·Decided May 12, 1994·No. No. 1438, Docket 93-7005·Published·Cited by 2 cases

Opinion

MESKILL, Circuit Judge:

This case returns to us after our certification of a question of New York law to the New York Court of Appeals. The certification order sets forth the relevant background of this dispute, Longway v. Jefferson County Bd. of Supervisors, 995 F.2d 12 (2d Cir.1993), and we therefore summarize that background only briefly. The plaintiffs, certain residents and members of the Board of Supervisors of Jefferson County, New York (collectively “plaintiffs”), filed a complaint in the United States District Court for the Northern District of New York pursuant to 42 U.S.C. § 1983 and state law, challenging a plan for local legislative reapportionment proposed by the defendants, the Jefferson County Board of Supervisors and the County itself (collectively “defendants”). The plaintiffs primarily alleged that (1) the use of a total census population figure, which includes such transient groups as military personnel and incarcerated felons, as the population base in the defendants’ proposed plan, Local Law Intro. No. 1, violated the Equal Protection Clause of the Fourteenth Amendment and section 10 of the New York Municipal Home Rule Law, and (2) the use of a three-quarters weighted vote distribution system, by which voting power is weighted for any measure requiring seventy-five percent of the vote for passage, violated the Equal Protection Clause. The district court, McAvoy, C.J., granted summary judgment in favor of the defendants and dismissed the plaintiffs’ claims.

On appeal, the plaintiffs asserted the same claims. After oral argument, we certified to the New York Court of Appeals the question whether the use of the total census population figure in Local Law Intro. No. 1 violated section 10 of the New York Municipal Home Rule Law. 995 F.2d at 14. The New York Court of Appeals determined that, for purposes of local legislative reapportionment, the use of a total population figure, without exclusion of certain transient groups, does not violate that provision of state law. See Longway v. Jefferson County Bd. of Supervisors, 83 N.Y.2d 17, 628 N.E.2d 1316, 607 N.Y.S.2d 606 (1993).

During the pendency of this matter before the New York court, the voters of Jefferson County rejected Local Law Intro. No. 1 in a referendum, thereby leaving no proposed reapportionment plan pending. As the plaintiffs note in their letter brief filed with this Court after the state court’s decision, the rejection of Local Law Intro. No. 1 “left the defendant^] ... without a plan of any kind under consideration.”

We must now address what issues remain in this appeal. In the defendants’ letter brief filed in this Court after the New York Court of Appeals’ decision, they assert that the issue of the constitutionality of the three-quarters weighted vote distribution system is moot because of the referendum defeat of Local Law Intro. No. 1. The defendants maintain, however, that the constitutionality of the total population base is still a viable issue because virtually any scheme of reapportionment that the defendants might propose in the future would utilize a total census population figure; the defendants thus seek affirmance of the district court’s decision with respect to the population base issue. The plaintiffs contend, on the other hand, [400]*400that both issues are live and seek reversal of the district court’s grant of summary judgment to the defendants. Additionally, the plaintiffs request that we order the district court to supervise implementation of a valid reapportionment plan.

I. Justiciability

Pursuant to Article III of the Constitution, we only have jurisdiction over live cases or controversies. See Arthur v. Manch, 12 F.3d 377, 380 (2d Cir.1993); Olin Corp. v. Consolidated Aluminum Corp., 5 F.3d 10, 17 (2d Cir.1993). If events occur during the pendency of an appeal that render the case moot, we must dismiss the appeal rather than issue an advisory opinion. See Arthur, 12 F.3d at 380; see also Town of Deerfield, New York v. FCC, 992 F.2d 420, 427-28 (2d Cir.1993).

In our view, neither the constitutionality of the total census population figure nor the constitutionality of the three-quarters weighted vote distribution system is a justiciable issue at this juncture. Both of these issues arose out of the defendants’ proposal of Local Law Intro. No. 1, which is no longer pending in light of its defeat in the referendum. Our consideration of the constitutionality of the total population base and the three-quarters weighted vote system would, therefore, lead to the issuance of an advisory opinion. Accordingly, these issues are moot.

The parties argue, however, that the issue of the constitutionality of the population base nonetheless remains ripe for our consideration because any future reapportionment plan will utilize a total census population figure. The plaintiffs and the defendants state that the defendants must adopt some reapportionment plan, and they contend that this Court could properly provide guidance as to whether the reapportionment plan that is inevitably adopted may use the total census figure as its population base. We disagree.

An issue is ripe for judicial resolution only if it presents “ ‘ “a real, substantial controversy,” not a mere hypothetical question.’ ” AMSAT Cable Ltd. v. Cablevision of Connecticut, 6 F.3d 867, 872 (2d Cir.1993) (quoting 13A Charles A. Wright, et al., Federal Practice & Procedure § 3532.2, at 137 (2d ed. 1984)). Pursuant to ripeness doctrine, we must avoid “ ‘entangling [ourjselves in abstract disagreements’ ” and engaging in “ ‘premature adjudication.’ ” In re Drexel Burnham Lambert Group, 995 F.2d 1138, 1146 (2d Cir.1993) (quoting Abbott Lab. v. Gardner, 387 U.S. 136, 148, 87 S.Ct. 1507, 1515, 18 L.Ed.2d 681 (1967)).

In this case, it is possible that the defendants will propose and adopt a reapportionment plan that does not use the total census population figure, and instead excludes some transients that the plaintiffs wish to have excluded. Indeed, according to the plaintiffs’ submissions to this Court, the supervisor from the town of LeRay, Ronald C. Taylor, is developing a reapportionment proposal that would exclude all prisoners from the population base. Accordingly, we are not persuaded that the use of a total population figure is so certain that the question of its constitutionality presents a ripe issue.

Our conclusion is not inconsistent with the district court’s analysis of whether the issues before it were ripe at that time. The district court initially held, and we agreed, see 995 F.2d at 13, that the issues of the constitutionality of the population base and three-quarters weighted vote system were ripe even though the defendants had merely put forth a proposal, but had not yet obtained approval of that proposal.

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Longway v. Jefferson County Board of Supervisors, 24 F.3d 397 (2d Cir. 1994).

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