Gibbs v. Luther

This is an action by a taxpayer, pursuant to section 5, General Municipal Law, to restrain defendants from entering into any contract for paving North Clinton street, or for laying water lines therein, on the ground that the proceedings are illegal official acts, affecting the funds of the city. A temporary injunction has been issued which it is now sought to continue.

The defendants have all appeared and their answer is submitted, alleging that the proceedings to pave, etc., are authorized by the city charter, together with the provisions of chapter 247, Laws of 1913, known as the Home Rule…