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Constitutional Law Keyed to Cohen
United States Trust Co of New York v. New Jersey
Facts
As part of an agreement with the state to allow the Port Authority’s proposed takeover of a financially troubled privately owned commuter train, the “Statutory Covenant” provided that the two states would covenant and agree with each other and with the holders of any affected bonds not to finance deficits of other future mass transit facilities with revenue pledged to pay bonds that were issued when it was formed in 1921. In 1974, both states retroactively repealed the 1962 covenant in order to permit greater use of bridge and tunnel tolls to subsidize mass transit. The trustee and holder of the Authority bonds sued saying the repeal of the 1962 covenant was prohibited by the Contract Clause.
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