In this month’s column we discuss a case in which the Court of Appeals struck down New York City’s limits on the sale of soda and other sugary drinks in large containers. We also address decisions in which the court upheld the use of local zoning laws to effectively ban “hydrofracking” and in which the court ruled that a dissolved law firm is not entitled to post-dissolution profits earned on work performed on a non-contingency fee basis.
Sugary Drink Ban
In Matter of New York Statewide Coalition of Hispanic Chambers of Commerce v. The New York City Department of Health and Mental Hygiene, the court struck down a key element of the plan of former New York City Mayor Michael Bloomberg’s administration to address the problem of obesity. In a decision that attracted a significant amount of media attention, the court held that the New York City Board of Health’s “Sugary Drinks Portion Cap Rule” exceeded the scope of the board’s regulatory authority and infringed upon the legislative jurisdiction of the New York City Council.
