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Albany lawmakers did not obtain a home rule message from local officials in either case.
I'm not sure that Albany will resist the home rule message from a new mayor with a large mandate".
The state, he said, needed a "home rule message" -- a formal request from the city -- to consider the bill that would have made the borough independent.
The Legislature could act without the home rule message, he said, but then it could expose itself to a legal challenge.
Mr. de Blasio said that the plan, passed by the State Legislature, was illegal because the City Council had not passed a home rule message giving the Legislature authority to approve it.
Technically, the Council approved a measure known as a home rule message, which is a request for the State Legislature to pass the plan as outlined in a bill introduced into the Senate.
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Under the plan being discussed by the Cuomo administration, however, towns would have to pass home rule messages in favor of fracking before permits would be issued.
Even within that area of the shale, drilling would be banned in certain areas, like Catskill Park, and permits would be issued only in towns that passed home rule messages in favor of drilling.
And if one company does come to rule messaging, it could reduce the impetus for innovation and permit abuse.
Before state lawmakers could act, the judge said, the City Council should have asked them to intervene, by way of what is known as a "home-rule message".
Repealing term limits might require not only the support of the Legislature and the governor, but also a home-rule message by the Council, the lawyers said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com