Large-Soda Ban 'Usurped' NYC Council, Appeals Court Says

Law360, New York (July 30, 2013, 2:38 PM EDT) -- The New York City Board of Health's ban on large sodas was a "usurpation" of the City Council's legislative powers, a four-judge midlevel state appeals court ruled Tuesday in a decision that keeps Mayor Michael Bloomberg's controversial measure off the books.

The health board is an administrative agency under the executive branch that cannot write such sweeping rules, which can only be enacted through the legislative powers of the City Council — and not solely by fiat from the mayor, a unanimous four-judge panel ruled after...
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