Anderson v. Taconic State Park Commission

The sole question to be determined on this motion to dismiss the complaint is whether the defendant Taconic State Park Commission possesses the power to erect a gasoline station on the Eastern State Parkway in Dutchess county. There has been no express grant of such authority, and my attention has not been directed to any statute from which the power is necessarily to be implied. It is not to be implied from the mere language of section 738 of the Conservation Law, which empowers the Commission to improve the parks “ in such manner as not to lessen their natural scenic beauty; ” nor from…