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464 F.3d 362 *; 2006 U.S. App. LEXIS 24006 **; 11 Wage & Hour Cas. 2d (BNA) 1623; 153 Lab. L. Rep. (CCH) 60274
Buffalo Teachers Federation, Buffalo Educational Support Team, NEA/NY, Transportation Aides of Buffalo, NEA/NY, Substitutes United Buffalo NEA/NY, Buffalo Council of Supervisors and Administrators, AFSCME Local 264, Professional Clerical and Technical Employees' Association and Local 409 International Union Operating Engineers, Plaintiffs-Appellants, v. Richard Tobe, Thomas E. Baker, Alair Townsend, H. Carl McCall, John J. Faso, Joel A. Giambra, Mayor Anthony Masiello, Richard A. Stenhouse, Roger G. Wilmers, in their official capacities as directors/members of the Buffalo Fiscal Stability Authority and George E. Pataki, Defendants-Appellees.
Subsequent History: US Supreme Court certiorari denied by Buffalo Teachers Fed'n v. Tobe, 550 U.S. 918, 127 S. Ct. 2133, 167 L. Ed. 2d 864, 2007 U.S. LEXIS 4563 (2007)
Motion denied by, Motion denied by, As moot Buffalo Teachers Fed'n v. Tobe, 2012 U.S. Dist. LEXIS 17123 (W.D.N.Y., Feb. 8, 2012)
Prior History: [**1] Plaintiffs, various unions that represent public employees of the City of Buffalo, appeal the judgment entered on August 19, 2005 in the United States District Court for the Western District of New York (Skretny, J.). Plaintiffs contend a wage freeze enacted by defendants, the Buffalo Fiscal Stability Authority and its members, violates the Contracts and Takings Clauses of the United States Constitution. Plaintiffs sought declaratory judgment of the wage freeze's unconstitutionality as well as an injunction against its enforcement. The district court, finding no constitutional violation, denied plaintiffs' motion for summary judgment and granted summary judgment in favor of defendants.
Buffalo Teachers Fed'n v. Tobe, 446 F. Supp. 2d 134, 2005 U.S. Dist. LEXIS 43688 (W.D.N.Y., 2005)
wage freeze, impairment, fiscal, deference, contracts, freeze, emergency, regulatory taking, budget, cases, temporary, legitimate public purpose, wage increase, contractual right, fiscal crisis, self-serving, employees, courts, taxes, substantial impairment, summary judgment, public contract, district court, obligations, regulation, municipal, stability, Reserves, payroll, salary
Constitutional Law, Congressional Duties & Powers, Contracts Clause, General Overview, Governments, State & Territorial Governments, Claims By & Against, Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Appeals, Summary Judgment Review, Standards of Review, Genuine Disputes, Application & Interpretation, Legislation, Scope, The Judiciary, Bill of Rights, Fundamental Rights, Eminent Domain & Takings