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People v. Novie
New York Supreme Court
976 N.Y.S.2d 636 (2013)
- Written by Colette Routel, JD
Facts
Brian Novie (defendant) was charged with violating Tree Preservation and Landscape Maintenance Law (tree law) of the Village of Montebello (plaintiff) by cutting down more trees on his one-acre property than he was authorized to by permit. In his defense, Novie argued that the tree law violated the U.S. Constitution’s Due Process Clause because it required property owners to pay burdensome fees (consultant and otherwise) before cutting down trees on their private property, and that it violated equal protection because it applied only to persons who purchased property after its enactment. The lower court held that the tree law was unconstitutional, and the Village of Montebello appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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