[§290-9]  Disposition of derelict vehicle. 
A derelict vehicle may be immediately disposed of or sold as junk without
having to comply with the requirements of section 290-2 and 290-5. [L 1971, c
28, pt of §1]



 



Case Notes



 



  Plaintiff asserted that §290-8 and this section were
unconstitutional and that the municipality was subject to liability under 42
U.S.C. §1983 on the grounds that an ordinance implemented the sections and
therefore constituted an official policy statement by the municipality; no basis
found for imposing liability on the municipality under 42 U.S.C. §1983.  333 F.
Supp. 2d 942.



  Section 290-8 and this section are not facially
unconstitutional except for condition (6) set forth in §290-8, which allows for
the immediate disposition, without notice, of derelict cars older than ten
years and unconstitutionally violates the requirements of due process. 333 F.
Supp. 2d 942.