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A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness. Initially, there was also a claim of violation of the Religious Land Use and Institutionalized Persons Act (42 USC §2000cc et. seq.) which was abandoned during the course of the litigation. The New York Court of Appeals in Town of Delaware v. Leifer, ___ NY3d ___ (2019), found there was no violation of the right to free speech and the law was not void for vagueness.
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By Jeffrey Turkel
The Court’s primary holding in Regina is that retroactive application of the Part F amendments would violate the Due Process clause of the U.S. Constitution.
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