What is the burden of proof required to prove an ordinance is valid?
"New York", United States of America
The following excerpt is from People v. Waterloo Stock Car Corp., 392 N.Y.S.2d 839, 89 Misc.2d 922 (N.Y. Cty. Ct. 1977):
The ordinance is presumed to be valid. This presumption imposes a burden of proof that respondents have not met and sustains the ordinance if the propriety of it is even fairly debatable. (De Sena v. Gulde, 24 A.D.2d 165, 265 N.Y.S.2d 239.)
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