Legal Alert 

Airey v. State of NY: Appeal Discontinued, Standardized Assessment Model Remains

Early this afternoon, the Appellate Division, Third Department granted the State's motion to withdraw and discontinue its appeal in Airey v State of New York.   This case challenged the constitutionality of the standardized assessment model for solar and wind energy systems.  After the Supreme Court found the model unconstitutional, the Legislature enacted amendments in 2025 purporting to address the identified concerns.  With the amended statutes now in effect, the State elected to discontinue the appeal, leaving the constitutional issues unresolved at the appellate level.  
 
The practical effect is that the standardized assessment model established in 2021 remains in place, continuing to limit local assessment authority over renewable energy systems.  Towns retain minimal discretion in assessing these properties, with the State-mandated methodology favoring renewable energy development over local control.  NYAOT had filed an amicus brief supporting the Supreme Court's ruling and arguing that the standardized model improperly infringed on municipal home rule authority and local assessment powers.  The discontinuance means those arguments will not be addressed by the Appellate Division, and the framework limiting local authority stands.  If you have questions about assessing solar or wind energy systems under current law, please contact NYAOT at [email protected]