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Matter of County of Monroe

72 N.Y.2d 338, 533 N.Y.S.2d 702, 530 N.E.2d 202 (1988)

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Matter of County of Monroe

New York Court of Appeals
72 N.Y.2d 338, 533 N.Y.S.2d 702, 530 N.E.2d 202 (1988)

  • Written by Tammy Boggs, JD

Facts

The County of Monroe (the county) (defendant) owned and operated the Greater Rochester International Airport, which was located entirely within the county as well as within two townships and the City of Rochester (the city) (plaintiff). In the 1980s, the county sought to expand the airport, install improvements, and add parking and other facilities, all of which would be located in the city as well as the county. The county engaged in a planning and public-hearing process and approved the project. The county applied to the city for a site-plan review. After the city questioned an environmental aspect of the project, the county responded that the application had been submitted solely out of courtesy and that the planned land use was governmental in function and immune from the city’s oversight. The city filed suit, alleging that the county’s use of land as an airport was a proprietary function and thus subject to city oversight. The trial court determined that the county airport was not subject to the city’s land-use oversight. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Bellacosa, J.)

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