United States Second Circuit

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Selevan v. New York Thruway Authority, 11-5370

Summary judgment for defendant in putative class action challenging the constitutionality of defendant's toll policy that allows residents of one island municipality, who must use toll bridges in order to travel by car between their homes on Grand Island, New York, and any location not on Grand Island, to use these bridges at a discounted rate, but denies the same discount to all other motorists is affirmed, where: 1) plaintiffs have Article III standing; 2) the toll policy at issue here was a minor restriction on travel and did not involve "invidious distinctions" that would require strict scrutiny analysis pursuant to the Fourteenth Amendment; 3) the district court properly evaluated plaintiffs' constitutional right-to-travel and dormant Commerce Clause claims under the three-part test set forth in Northwest Airlines, Inc. v. County of Kent; and 4) the Grand Island Bridge toll scheme a) is based on "some fair approximation of use" of the bridges, b) is not "excessive in relation to the benefits" it confers, and c) does not "discriminate against interstate commerce."

Appellate Information

  • Decided 03/27/2013
  • Published 03/27/2013

Judges

  • PER CURIAM

Court

  • United States Second Circuit

Counsel

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