Wiggins v. Town of Somers

152 N.E.2d 663, 4 N.Y.2d 1045

Opinion

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether the ordinance of the Town of Somers which prohibits the dumping within the town of garbage and other refuse originating outside the town violates, on its face, respondent’s rights under the Fourteenth Amendment of the Constitution of the United States. This court held that there was no denial of any constitutional right of said respondent. [See 4 N Y 2d 215.]