from the wsj
http://online.wsj.com/article/APc76e3f35ac2a4343a7d8e006abc95b5c.htmlThe taxpayer group cited a provision in New York's constitution that says: "the money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid of any individual, or public or private corporation or association, or private undertaking." It has an exception for funds or property used for education and mental health.
Defendants countered that the funding for public purposes through state-designated economic development agencies is supported by law and precedents and doesn't violate the constitution.
"Doesn't that just invite evasion?" Judge Robert Smith said. "All you've got to do is put an intermediary between the state and the recipient?"Where common ground exists we should embrace it... This is one area where there does seem to be a common cause...